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Christian M. Auty

Bryan Cave Leighton Paisner LLP

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GDPR Privacy FAQs: Is there a private right of action for failing to comply with European cookie laws?

European Union - August 9 2019 The GDPR does purport to allow data subjects to bring private rights of action. Likewise, certain implementations of the ePrivacy Directive...

GDPR Privacy FAQs: If a website participates in behavioral advertising, does the GDPR require that it disclose that it is “selling” consumers’ information?

USA - August 7 2019 The requirement to disclose “sales” of “personal information” to consumers is derived from the California Consumer Privacy Act (the “CCPA”), not...

GDPR Privacy FAQs: Do Cookie Banners that Provide the Ability to Opt-Out of Analytics and Advertising Cookies Satisfy European Privacy Laws?

USA, European Union - August 5 2019 Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by...

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that continued use of a website is deemed acceptance of those cookies, satisfy European privacy laws?

USA, European Union - August 2 2019 A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data...

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third party behavioral advertising cookies on their browser?

United Kingdom, European Union - July 29 2019 European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising...

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