California passed the California Consumer Privacy Act (CCPA) in September 2018, and the CCPA enters into force on January 1, 2020. One of the CCPA’s core elements is a right for consumers to know when a company is selling their data, and to opt-out of data sales at any time. This was the primary focus […]
Behavioral Tracking
Google-Style GDPR Fines for Everyone? Bavarian DPA Conducts Website Cookie Practices Sweep, Announces Fines under Consideration
As has been widely reported, in late January the French privacy supervisor CNIL fined Google €50 million for privacy violations relating to targeted marketing using Android user data. One of the core violations the CNIL found was that Google’s Android user interface did not obtain effective, GDPR-compliant consent to targeted marketing from users. The amount […]
Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities
On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the Commission in regards to alleged monitoring practices vis-à-vis Belgian internet users. In parallel to the proceedings that resulted in the judgment […]
ePrivacy Regulation Trilogue Negotiations Pushed back to Fall 2018; Final ePrivacy Regulation may not be in Place until 2020
About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation. The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy Directive and a patchwork of local implementing legislation – with a uniform set of directly-applicable EU-wide rules. Since the Parliament […]
WP29 issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR
On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”). European Union regulatory authorities and the WP29 consider that technological developments that facilitate the creation of individual profiles, such as big data analytics, AI and machine learning, […]