Greenberg Traurig Shareholder David A. Zetoony, Co-Chair of the U.S. Data Privacy & Cybersecurity Practice, will present the Thomson Reuters West LegalEdcenter webinar, “AdTech and Data Privacy?” on Wednesday, March 22 at 3:00 pm EDT. AdTech is an important part of marketing and sales, and organizations that use AdTech must
Are companies prohibited from making choices based on profiling?
Under modern privacy statutes in the United States and Europe, an activity constitutes profiling if the following three elements are met:
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:
Under the Virginia Consumer Data Protection Act, are companies required to offer consumers the ability to opt out of behavioral advertising if they have already received opt-in consent?
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…
Under the Colorado Privacy Act, will companies be required to offer consumers the ability to opt out of behavioral advertising if they have already received opt-in consent?
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…
Under the CPRA will companies be required to offer consumers the ability to opt-out of behavioral advertising if they have already received opt-in consent?
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…
No more choices please!! When it comes to cookies, do consumers simply want less choices?
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…
Up, Down, or on the side: Can a website increase its opt-in rate by moving its cookie banner?
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…
To Opt In, or Not to Opt In: What Is the Direct Marketing Rule Under the CCPA?
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:
- Exemption from the definition of “sale.” The CCPA’s broad definition of “sale” could encompass a number of ordinary information transfers in addition