Not necessarily.
Under modern privacy statutes in the United States and Europe, an activity constitutes profiling if the following three elements are met:
Feb. 6-7 Event | 2023 Midwest Legal Conference on Data Privacy and Cybersecurity
The 2023 Midwest Legal Conference on Data Privacy and Cybersecurity will take place in Minneapolis Feb. 6-7, featuring coverage on new developments in the industry and cutting-edge practice tips.
On Feb. 7, Greenberg Traurig Shareholders Stephen Baird and David A. Zetoony will present the session “Demystifying AdTech – How to Stay Compliant with Ever Changing
5 Trends to Watch: 2023 Data Privacy & Cybersecurity
- An Increase in Extortion-Only Cyber Attacks – While ransomware attacks have been on the rise since 2020, a recent trend has emerged where threat actors are bypassing ransomware malware and encryption tactics and going straight to data theft. If a victim company does not pay the extortion demand, the threat actors engage in increasingly aggressive
Jan. 26 Event | Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2023
GT Shareholders Ian C. Ballon and Jena M. Valdetero will present at PLI’s Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2023 event Jan. 26, 2023. The program will cover forensic tutorial guides; major new cases and trends from the past year in the law of data privacy and security breach; the latest
FTC Delays Compliance Date of the Safeguards Rule
Go-To Guide:
- The Safeguards Rule compliance deadline is delayed by six months
- Eight subsections of the Safeguards Rule are affected by the delay
- The new effective date for compliance is June 9, 2023
- The FTC cited implementation challenges for small business as the reason for the delay.
On Nov. 15, 2022, the Federal Trade Commission
Don’t Have a Do-Not-Call Policy? Every SMS You Send Could Violate the TCPA and Come With A Private Right of Action
The Telephone Consumer Protection Act (TCPA) covers unsolicited calls and texts, aimed at protecting consumers from harassing and unwanted communications. With the April 2021 Facebook SCOTUS case[1] (see GT Alert) reducing the prevalence of some TCPA claims with private rights of action, new claims are starting to emerge as plaintiffs’ favorites.
One
Does a business have to provide a privacy notice directly to a consumer if it obtains the consumer’s data from a third party (i.e., purchases it)?
Modern data privacy statutes require that organizations inform individuals about the organization’s privacy practices by creating a privacy notice (sometimes referred to as a privacy policy or a notice at collection). Some data privacy statutes provide specific directions regarding how the privacy notice must be distributed. For example, the California Consumer Privacy Act and the
How may behavioral advertising trackers do websites deploy currently?
A behavioral advertising cookie typically refers to a cookie that is used to track the websites a consumer visits for the purpose of identifying advertisements that may be of particular interest to the consumer and then serving such advertisements to the consumer. Behavioral advertising cookies are sometimes referred to as third-party behavioral advertising cookies, advertising
What’s more common: opt-in, opt-out, or notice cookie banners?
There is little standardization concerning how cookie banners are deployed. Generally, however, most cookie banners fall within four broad categories:
- Notice-only cookie banners. A notice-only cookie banner discloses to website visitors that the website deploys cookies, but the banner does not give the visitor any direct control concerning the use of cookies. In other words,
How many businesses put up a “Do Not Sell My Personal Information” link even when they don’t have to?
The CCPA requires businesses that sell personal information to explain that consumers have a right to opt-out of the sale[1] and provide a clear and conspicuous link on their homepage titled “Do Not Sell My Personal Information” that takes the consumer to a mechanism that permits them to exercise their opt-out right.[2] If