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What Is the Worst Type of Online Privacy Policy … and Why Does it Matter? | Davis Wright Tremaine LLP - JDSupra

What Is the Worst Type of Online Privacy Policy … and Why Does it Matter? | Davis Wright Tremaine LLP - JDSupra | The MarTech Alert | Scoop.it
The number one worst type of online privacy policy is one that a startup copies and pastes from another online service. Does this really happen? Yes – all the time. Imitation may be the sincerest form of flattery, but some copiers are so egregious that they do not carefully check and remove the references to the other company before posting it to their website.

The biggest problem—and why you should care—about copying someone else's privacy policy is that the commitments and representations made in your privacy policy create a legally enforceable obligation for your company. If the policy you copied says something that you didn't intend or doesn't match with your actual practices, then your startup could still be on the hook for those commitments.
CYDigital/marteq.ios insight:

Look, we all do it, i.e., copy policies, NDAs, etc. But this one is troublesome, as you're on the hook for any failures to adhere to the policy, and with that comes fines.

 

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Third-Party Cookies, Reasonable Security Measures at Issue in CCPA Class Action Suits - Law.com

Third-Party Cookies, Reasonable Security Measures at Issue in CCPA Class Action Suits - Law.com | The MarTech Alert | Scoop.it
Dominique Shelton Leipzig, a partner at Perkins Coie in Los Angeles, said presenting a case around third-party cookies collecting data moves away from the intent of the CCPA.

“That is how they’re constructing that fact pattern into what was supposed to be a clear data breach,” Shelton Leipzig said. “The private right of action was supposed to limited to a negligent breach.”

Another issue that in-house counsel will need to pay attention to is how courts determine what it means to reasonably protect consumer data from a data breach.
CYDigital/marteq.ios insight:

Still evolving.

 

marteq.io is the peak of personalization, where consumers share their full digital story with brands and retailers. Learn more: https://www.marteq.io #martech #marketing

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