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Employee consent to use of personal data reliable under German law

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in photos, videos or other marketing materials (BAG 19 February 2015, 8 AZR 1011/13; BAG 11 December 2014 – 8 … Continue Reading

Upcoming Webinar | Sweeps, Contests & Games in Social Media

Is a social media promotion part of your organization’s branding plans? Please join Julia Jacobson (McDermott partner and Of Digital Interest editor) and her co-panelists next Tuesday, July 28, 2015, at 2:00 pm for “Sweeps, Contests & Games in Social Media”. The webinar, the second in a three-part series hosted by the Brand Activation Association (a division … Continue Reading

FCC Releases Order Clarifying TCPA

Last Friday, July 10, 2015, the Federal Communications Commission (FCC) released Declaratory Ruling and Order 15-72 (“Order 15-72”) to address more than 20 requests for clarity on FCC interpretations of the Telephone Consumer Protection Act (TCPA). The release of Order 15-72 follows a June 18th open meeting at which the FCC adopted the rulings now reflected … Continue Reading

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had given cash discounts to customers in exchange for the reviews.  According to the FTC complaint, AmeriFreight touted on its website homepage that … Continue Reading

Junk Fax Act Compliance: One Week Left to Request a Waiver for Non-Compliance

Thursday, April 30, 2015, marks the last day a business can request a retroactive waiver for failing to comply with certain fax advertising requirements promulgated by the Federal Communications Commission (FCC). The scope of these requirements was clarified on October 30, 2014, when the FCC issued an Order (2014 Order) under the Junk Fax Prevention … Continue Reading

The Consumer Privacy Bill of Rights Redux

On February 27, 2015, the Obama White House released an “Administration Discussion Draft” of its Consumer Privacy Bill of Rights Act of 2015 (Proposed Consumer Privacy Act).  The Proposed Consumer Privacy Act revises and builds on the “Consumer Privacy Bill of Rights” that the Obama White House released in its 2012 Consumer Data Privacy in … Continue Reading

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA).  The FTC announced something new under COPPA nearly every month, including: In January, the FTC issued an updated version of the free consumer guide, “Net Cetera:  Chatting with Kids About Being Online.”  Updates to the guide … Continue Reading

Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed its expanded reach in the United States, and Canada’s far-reaching anti-spam legislation takes full effect imminently. As European authorities grappled with the … Continue Reading

Join Us at BAA’s Marketing Law Conference for a Panel Discussion on Developments in Mobile Marketing

For those Of Digital Interest readers attending the Brand Activation Association’s (BAA) 36th Annual Marketing Law Conference, please join McDermott partner – and Of Digital Interest editor – Julia Jacobson as she moderates a panel titled “New and Unexpected: Developments in Mobile Marketing – Mobile Tracking, Apps and Mobile Payments.” She will be joined by Ira … Continue Reading

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA).  Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell held that a marketing consultant could be held liable for text messages sent in violation of the TCPA, even though … Continue Reading

France About to Embark on a Cookies Sweep Day

Impending sweep day to verify compliance with guidelines on cookies During the week of September 15–19, 2014, France’s privacy regulator, the Commission Nationale de l’Informatique et des Libertés (CNIL), is organizing a “cookies sweep day” to examine compliance with its guidelines on cookies and other online trackers. Starting in October 2014, the CNIL will also … Continue Reading

Digital Marketing Minute: Bot Fraud Hampers Digital Advertising

Fraudulent web traffic is an increasingly common headache for digital marketers who work with advertising networks to deliver online ads.  A predominant source of fraudulent web traffic is software applications known as “bots,” which hijack consumers’ computers and redirect browsers to a website delivering online ads.  Bots can then automatically generate false ad views and … Continue Reading

Digital Marketing Minute: No More Like Gates

We are pleased to present this inaugural post of the Digital Marketing Minute.  Each week will provide a short post on some news in the digital marketing world.   This week’s post is about a change on Facebook’s platform that affects how marketers conduct promotions. In an August 7 post on its Developers blog page, Facebook … Continue Reading

Planning a Sweepstakes, Contest or Game?

New technologies have made offering consumer promotions even easier for businesses but complying with the myriad laws, rules, regulations, industry standards and platform requirements is still challenging.  To learn how to avoid 12 common promotion execution traps, join McDermott’s Julia Jacobson today (Wednesday, June 25) for “Executing a Sweepstakes, Contest or Game,” the second of … Continue Reading

The California AG’s New Guide on CalOPPA – A Summary for Privacy Pros

Last week, the California Attorney General’s Office (AGO) released a series of recommendations entitled Making Your Privacy Practices Public (Guide) designed to help companies meet the requirements of California’s Online Privacy Protection Act (CalOPPA) and “provide privacy policy statements that are meaningful to consumers.” As we have previously discussed, CalOPPA requires website operators to disclose … Continue Reading

The New Normal: Big Data Comes of Age

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. Rather than trying to slow the accumulation of data or place barriers on its use in analytic endeavors, the reports assert that big data is the “new normal” and encourages the development of policy … Continue Reading

Disclosures Need Not Contain Customers’ Actual Names to Violate the Video Privacy Protection Act Rules Hulu Court

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U.S. District Court for the Northern District of California ruled that Hulu’s sharing of certain customer information with Facebook, Inc. may have violated the VPPA, even though Hulu did not … Continue Reading

FTC Enforces Facebook Policies to Stop Jerk

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal content that Jerk used for its purported social networking website and the benefits derived from a user’s purchase of a Jerk membership.   According to the FTC, Jerk improperly accessed personal information about consumers from … Continue Reading

Settlement on the Horizon in Massachusetts ZIP Code Litigation

A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation.  In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed class action in Massachusetts federal district court stemming from the company’s collection of customers’ ZIP codes during point of sale … Continue Reading

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based white-collar criminal defense and government investigations partner David Gacioch shares his predictions about government responses to data breaches. Class Action Litigation Predictions 2014 is already shaping … Continue Reading

Data Privacy Day 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet.  Our panel of speakers discussed significant U.S. data privacy and protection events from 2013 and shared thoughts about what’s ahead for … Continue Reading

In with the New: 2014 Privacy, Advertising and Digital Media Predictions

Data privacy and security made the headlines practically daily in 2013.  Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make headlines in 2014? Here are predictions from Of Digital Interest’s U.S. editorial team: User Tracking Law Enforcement in California: “Amendments to … Continue Reading

Guidance on Personal Data Used in Advertising in Germany

German data protection authorities published new guidelines in December 2013 about the collection and processing of personal data for advertising purposes.  The 2013 advertising guidelines (available here in German) supplement another set of advertising guidelines published in October 2012 (available here in German). Together, the 2012 and 2013 guidelines help to clarify how German data … Continue Reading
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