The Virginia Consumer Data Protection Act, which is scheduled to go into effect in 2023, states that a consumer has the right to “opt out of the processing of the personal data for purposes of [] targeted advertising . . . .”1 Unlike other state statutes, such as the CPRA, the Virginia Consumer Data

The Colorado Privacy Act, which is scheduled to go into effect in 2023, states that a consumer “has the right to opt out of the processing of personal data” for the purposes of “targeted advertising.”1 Unlike other state statutes, such as the CPRA, the Colorado Privacy Act does not contain an exemption for situations

The California Privacy Rights Act, which is scheduled to go into effect in 2023, states that if a company “shares” personal information with a third party that is engaged in cross-context behavioral advertising, the company must provide the consumer with the ability to “opt-out” of the sharing.1 Furthermore, under the CPRA a business must

While there is relatively little publicly available empirical data concerning website visitors’ interactions with cookie banners, the data that does exist indicates that user acceptance rates are significantly greater depending upon how many options are presented to a website visitor. For example, in one study researchers placed a cookie banner on a website that provided

Businesses often struggle with how to display cookie banners given the complexities of conveying information to individuals that may lack technical expertise, and “banner fatigue” – a term which describes the reality that consumers presented with pop-ups and cookie banners across different websites may not spend time to read each banner before attempting to close

The CCPA generally does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. Consent is, required, however, in the following situations:

  1. Exemption from the definition of “sale.” The CCPA’s broad definition of “sale” could encompass a number of ordinary information transfers in addition