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The Advertising Standards Authority of Ireland – similar to the NAD in the US – recently issued a decision regarding a social media influencer that companies on this side of the Atlantic should note.

The case involves social media posts by Rosie Connolly, a fashion, beauty, and lifestyle blogger. Connolly posted pictures with flawless makeup,

On June 28, 2018, Governor Brown signed into law the “California Consumer Privacy Act of 2018.” The legislation was a compromise to avoid a ballot initiative that was more closely modeled after the European Union’s General Data Protection Regulation (GDPR). This Act is scheduled to go into effect on January 1, 2020.

The Act enumerates a number of rights for consumers regarding the privacy of their personal information. Some rights, such as the right to be forgotten or the right to request information disclosure, are reminiscent of those seen in the GDPR, while others, such as the right to opt out of the sale of a consumer’s personal information, are specific to the new law.

Along with identifying consumer rights, the law also imposes requirements on businesses, including those that collect or have collected consumers’ personal information, to make specific disclosures about their personal information practices and to respond to consumer requests. Importantly, the definition of “personal information” is broadly defined to include common information, such as a name or email address, as well as more specific information, such as biometric information and geolocation data, although publicly available information is not included.
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Under the GDPR, processors must have a lawful basis for processing any data of an EU data subject. Consent is one of six lawful bases[1] under the GDPR, and in this installment of GDPR SIDEBAR, we’ll cover best practices that can help achieve an acceptable level of compliance with GDPR consent requirements.

Valid consent under the GDPR must be: (1) freely given; (2) specific; and (3) informed. And a consumer must make a clear, affirmative action to consent. This means pre-populated check boxes aren’t going to count as valid consent for GDPR purposes. Here are a few tips for meeting GDPR’s consent requirements:

  • Make sure consent is specific. Identify what type of processing the data subject is consenting to, so that the data subject understands exactly what data is collected and how it is used. Example 1 provides a consent mechanism for each specific type of communication (text message, email, etc.). This makes it clear to the data subject what she is signing up for when she consents to processing.

  • Make sure consent is unbundled. Provide a separate consent mechanism for each type of processing the data is expected to be used for. Do not bury consent in an agreement for terms and conditions or a general privacy policy. Example 2 offers unbundled options for separately consenting to marketing messages and the website’s terms and conditions.


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Less than one week after replacing the now defunct Article 29 Working Party (WP29), the European Data Protection Board (EDPB) has adopted new guidelines on the EU General Data Protection Regulation (GDPR) and issued a statement on the ePrivacy Regulation revision.

What is the European Data Protection Board? How is It Different from the Article

You’ve probably heard of the dreaded four-letter word – GDPR.  Companies around the globe had been preparing for the May 25th implementation date for quite some time.  But U.S.-based companies with no apparent EU presence may not have thought twice about whether the data protection law across the pond even applies to them.  Let’s face it, we have enough federal and state laws here in the U.S. to worry about.  But now that the GDPR dust has settled a bit, these U.S. companies may want to take a closer to look to confirm they aren’t captured within GDPR’s sweeping scope.

In this first installment of GDPR SIDEBAR, we address the fundamental threshold question of whether and to what extent a U.S.-based company must comply with the GDPR.  [click here for a primer on GDPR]


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Earlier this week, the FTC settled its case with BLU Products, Inc., a cell phone company the FTC claimed misled consumers about its privacy and data security practices. According to the agency, the company represented that it did not collect unnecessary personal information and that it imposed specific data security procedures to protect consumers’ personal information. But the FTC claimed not so fast, alleging that BLU allowed one of its partners, an advertising software company, to collect sensitive consumer information such as text message contents and call logs with full telephone numbers. The FTC also alleged that BLU failed to implement the security features it represented to consumers, allowing the company’s devices to be subject to security vulnerabilities that could allow third parties to gain full access to the devices.

In settling the case, BLU agreed not to misrepresent its data collection or data security practices. The order also requires BLU to clearly and conspicuously disclose: (1) all of the “covered information” that the company collects, uses, or shares; (2) any third parties that will receive this “covered information”; and (3) all purposes for collecting, using, or sharing such information. This disclosure must be separate from the company’s privacy policy or terms of use and the company must obtain the consumer’s affirmative express consent to the collection, use, and sharing of such information. “Covered Information” is defined as geolocation information, text message content, audio conversations, photographs, or video communications from or about a consumer or their device.
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In the world of social media, a person’s power is often measured in terms of followers. More followers means the ability to influence more people. Companies who work with influencers understand this and often base compensation on this metric. For example, according to data collected by Captiv8, an influencer with a thousand followers might earn