Privacy & Data Collection

Recent EU E-Privacy Directive Cookie Guidance!

The 2011 changes to the EU E-Privacy Directive require website operators to obtain visitor consent via an opt in if the site uses cookies. As a reminder, on October 14th, EU’s data protection regulators released a new guidance note clarifying website operators should obtain consent by some affirmative action. Specifically, the regulators recommended that:

Specific information should be provided in any cookie notice;
Prior consent should be obtained before cookies are set;
There should be an indication of wishes expressed by active behavior; and
There should be an ability to choose freely.

If you operate a website that targets visitors living in an EU country, you should be aware of the EU E-Privacy Directive changes made in 2011. In short, website operators are now required to seek consent from website visitors in order to use cookies, via an opt in mechanism. However, each EU member state was allowed to implement this change on its own […]

Is Your Favorite Store Tracking You?

Did you know that when you visit certain stores, some of your actions may now be tracked! Recently, an increasing number of retail stores are beginning to use WiFi enabled smartphones to track their customers movement within the store. The information being tracked seems innocuous. For example, data collected has included how long a customer is in a given store, which parts of the store the customer visited or whether he or she walked by the store but declined to go inside.
An article appeared in the New York Times last march which profiled a company called Euclid Analytics. They collect mobile location analytics (“MLA”) data for big retailers including Nordstrom and Home Depot. According to the article, between 40% and 60% of users can be tracked by their smartphones in some locations!
The important news from a privacy law standpoint is that many of the big MLA companies have now published a […]

New California Online Privacy Laws Bring Big Changes!

California is at again! Recently, the state has enacted a wave of new online privacy laws that website, online service, application or database operators that collect personally identifiable information must follow. Of course, many websites, apps and online services are made available to a national and/or global audience, including residents of California.>
There are 4 main new legal requirements relating to the online privacy of California residents that may apply to you or your business. Here is a very brief summary of these new laws:
-Operators of websites, online services and apps must disclose how or if they respond to “do not track” signals. Some website and app users will enable a “do not track” signal in their web browsers. California recently amended its Online Privacy Protection Act (OPPA), which is now in effect, to require that website, online service or mobile application operators that collect personally identifiable information from California […]


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