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The new General Data Protection Regulation (GDPR) (Regulation 2016/69, Apr. 27, 2016), approved by the European Parliament and the Council of the European Union, was formally published in the Official Journal of the European Union on May 4, 2016, and will replace the Data Protection Directive (Directive 95/46/EC) effective May 28, 2018. This

Even as advertising to kids gets more complicated, the basic principles remain the same.

This week, Children’s Advertising Review Unit (CARU), an independent self-regulatory organization within the Council of Better Business Bureaus (CBBB) which monitors children’s advertising and helps marketers vet ads and campaigns, is hosting its annual conference, “Reimagining Children’s Advertising: Getting it

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Availability of insurance is often among the first questions that arises when a company encounters a data breach or other Internet-related problem involving company records, even where the company lacks a cyberinsurance policy. The federal Fourth Circuit Court of Appeals recently affirmed a ruling by a District Court that required insurance coverage for an inadvertent

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At its Open Meeting yesterday, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking (NPRM) that would apply the privacy protections in Section 222 of the Communications Act to broadband Internet Service Providers (ISPs). The text of the NPRM, which reportedly seeks public comment on more than 500 questions relating to privacy and

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Members of the Federal Communications Commission, Nov. 2013
Members of the Federal Communications Commission, Nov. 2013

On the heels of the Open Internet Order adopted by the Federal Communications Commission (FCC) last year, FCC Chairman Tom Wheeler has circulated a Notice of Proposed Rulemaking (NPRM) to fellow Commissioners that would apply the privacy protections of the Communications Act to

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On March 7, 2016, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a Consent Decree with Verizon Wireless relating to the company’s use of Unique Identifier Headers (UIDH) for targeted advertising purposes.  UIDH are commonly referred to as “supercookies” because they cannot be deleted.  This concludes the FCC’s investigation into whether Verizon

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On February 29, 2016, the European Commission’s (EC) released a much anticipated draft adequacy decision on the EU–U.S. Privacy Shield.  With this and enactment of the Judicial Redress Act last week (see our post here), the European Union came yet another step closer to finalizing the agreement between the EU and the U.S. to enable

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Pres. Obama gestures at signing ceremony for Judicial Redress Act
Pres. Obama gestures at signing ceremony for Judicial Redress Act

President Barack Obama signed the Judicial Redress Act on Wednesday, February 24, 2016, which will eventually enable European Union citizens to seek remedies for alleged privacy violations by the federal government in U.S. courts.  The Act gives the U.S. Department of

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Two app developers have settled complaints from the Federal Trade Commission (FTC) that they allowed third parties to collect information, including persistent identifiers, through their apps, and allowed third parties to serve advertising to children, in violation of the Children’s Online Privacy Protection Act (COPPA). The FTC’s announcement was released the same day it announced