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In Data Privacy

How the Cookie Crumbles: Max Schrems and nyob Issue Complaints to Companies on Cookie Consents

by , , and 3 Mins Read

On May 31, 2021, Max Schrems’ privacy organization, noyb (or “none of your business”), made over 500 complaints to companies related to what the organization called their “unlawful cookie banners.” Using automated scanning programs, nyob searched commonly used European websites and analyzed the cookie options provided on certain of these websites. nyob claims that it identified “more than fifteen common abuses” of cookie consent management, with some of the most prevalent “violations” identified as follows:…

In Data Privacy

EDPB publishes updated guidelines on consent under the GDPR

by , , , and 6 Mins Read

On 4 May 2020 the European Data Protection Board (“EDPB”) adopted updated guidelines on consent under the GDPR (the “New Guidelines”). The New Guidelines supersede the guidelines on consent originally adopted by the EDPB’s predecessor, the Article 29 Working Party, on 10 April 2018 (the “2018 Guidelines”), and subsequently endorsed by the EDPB. The New Guidelines clarify the EDPB’s position on two specific issues: Cookie Walls – consent is not valid if access to a…

In Data Privacy

Cookies Under E-Privacy Regulation: A Developing Story as Europe is Drifting Apart

by , , , and 8 Mins Read

With a changing digital landscape and emerging data driven technologies, the rules of the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) are in need of updating. The proposed E-Privacy Regulation was intended to address new legal challenges and complement the General Data Protection Regulation (GDPR) in relation to privacy in electronic communications. The first draft of the E-Privacy Regulation was presented in January 2017, with the aim that it would be passed quickly and would apply from May…

In California Privacy Law

Podcast Episode 05: CCPA Deep Dive: Cookies and Trackers

by and 1 Min Read

Joining this episode of Connect on Tech is Brandon Moseberry, a partner in Baker McKenzie’s Chicago office. Brandon will discuss cookies and trackers, a critical, complex issue. In this episode, you will hear: What cookies and trackers are and how they workWhether the usage of these cookies and trackers constitute a sale under the CCPABrandon’s predictions on further developments and solutions, as well as his tips on how companies should tackle this issue https://open.spotify.com/episode/3bH4DQCueXySQkOOqUbK9R

In Data Privacy

Podcast Episode 01: The Broader Implications of the Planet49 Case

by and 1 Min Read

In this episode of Connect On Tech, your host ​Brian Hengesbaugh is joined by Julia Kaufmann, a partner at Baker McKenzie in Munich. In this episode, you will learn about: The Planet49 case and the ruling of the Court of Justice of the European Union Broader implications this case has beyond sweepstakes operators, how it will impact all website operators, and the huge elements of change in regards to cookies and affirmative consent Open questions…

In Data Privacy

New ICO Guidance on the use of cookies and similar technologies

by 8 Mins Read

On 3 July 2019 the ICO published its new Guidance on the use of cookies and similar technologies (Guidance) which replaces the previous guidance on cookies (last updated in May 2012) and complements the ICO’s guidance on cookies in its Guide to PECR .Why has the ICO published new guidance now?Currently, the use of cookies is subject to two overlapping regimes: the Privacy and Electronic Communications Regulations (PECR), which implement the e-Privacy Directive in the…

In Data Privacy

How To Bake Cookies – The Law of Cookies in the EU

by 1 Min Read

Cookies are plainly on the radar of European regulators. Various countries have issued new guidance recently and European regulators have started to enforce the new rules as can be seen from the increasing number of inspections, audits and online investigations into the use of cookies.Despite the fact that the 2009 EU Cookies Directive was intended to harmonise the European approach to cookies regulation, we are a long way away from a uniform cookies regulation across…