Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Partner

Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

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News and thought leadership from lawyers who are adding value to the legal profession and the communities we call home.

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MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

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Current State of the AI VC Financing Market

MoFo Tech Law Summit – Tech and Antitrust: Policy Shifts in the Second Trump Administration

MoFo Tech Law Summit – Responsible Tech: Policy Becomes Practice

AI Dynamics: Regulatory Landscape and Industry Insights

Introducing the MoFo Tech Law Summit – Innovation Under Regulation

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Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220, which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019, three months prior to its precursor under the California Consumer Protection Act (the “CCPA”). The opt-out right is one of several changes made to Nevada’s existing online privacy law, which requires operators of commercial websites and other online services to post a privacy policy.  In addition to the new opt-out right, the revised law exempts from its requirements certain financial institutions, HIPAA-covered entities, and motor vehicle businesses.  Read our <a href="https://protect-us.mimecast.com/s/NdYcCzpxQAS6E79gHgrJtF">client alert</a>.

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

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Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few

The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

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Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220, which 

Nevada Enacts CCPA-Style Opt-Out Right for Consumers—but Similarities Are Few

Nevada recently became the first state to follow California’s lead and enact legislation that includes privacy obligations similar to those that will be imposed by the California Consumer Privacy Act (“CCPA”). Specifically, on May 29, 2019, the Nevada Governor signed into law Senate Bill 220 (“SB 220”), amending the Nevada online privacy policy law effective October 1, 2019, to create a right for consumers to opt out of the “sale” of personal information collected over a website or online service.Read our <a href="https://protect-us.mimecast.com/s/y8z5C68zGMSzyQ8PfmNjtS">client alert</a>.

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Recognized as an authority on financial privacy issues, Nathan helps financial institutions and other companies develop practical solutions for complying with privacy and data security laws. In partic

Nathan D. Taylor

Nathan Taylor

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Nevada Privacy Law: Considerations for Financial Institutions

UK Regulations: Urgent Action Required from Loan-Based Crowdfunding Platforms

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Nevada recently became the first state to follow California’s lead and enact legislation that includes privacy obligations similar to those that will be imposed

Nevada Privacy Law: Considerations for Financial Institutions

Prior to the California Legislature’s May 31, 2019 deadline to pass bills out of their chamber of origin, the California Assembly passed six additional bills that would amend the California Consumer Privacy Act (“CCPA” or “Act”). The California Senate now has until September 13, 2019 to consider and potentially pass these bills prior to the conclusion of the Legislature’s 2019 term.Read our <a href="https://protect-us.mimecast.com/s/AEeJCDkJ6xUq3B32hAUT_O">client alert</a>.

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CCPA: California Assembly Passes Additional Bills to Amend the CCPA

California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5

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Prior to the California Legislature’s May 31, 2019 deadline to pass bills out of their chamber of origin, the California Assembly passed six additional bills th

CCPA: California Assembly Passes Additional Bills to Amend the CCPA

California is now one step closer to excluding information relating to employees from the scope of the California Consumer Privacy Act (“CCPA”). On May 29, 2019, the California Assembly passed Assembly Bill 25 (“AB 25”), which would narrow the CCPA’s definition of “consumer” to exclude, among others, employees. AB 25 now goes to the Senate for its consideration. As a result, how big of a step this represents, and how much closer we are to an amendment widely supported by companies across industries, remains to be seen.Read our <a href="https://protect-us.mimecast.com/s/c8fjCrkMBpUED8zRc4IqLN">client alert</a>.

CCPA: One Step Closer to Excluding Employee Data

California is now one step closer to excluding information relating to employees from the scope of the California Consumer Privacy Act (“CCPA”). On May 29, 2019

CCPA: One Step Closer to Excluding Employee Data

Morrison & Foerster partner John Carlin, the former top national security lawyer for the Department of Justice, was recently featured on CBS's 60 Minutes. John spoke to 60 Minutes correspondent Lesley Stahl for a report drawn from a chapter of his book Dawn of the Code War on “The Growing Partnership Between Russia's Government and Cybercriminals.” He provided an in-depth analysis as to why Russian intelligence agencies are piggybacking off the cybercriminal enterprise and recalled the exploits of two Russian hackers — both hackers are among the FBI's most wanted cybercriminals today.Read our <a href="https://protect-us.mimecast.com/s/PtZ3CZ6mvgUr458rFK2iwS">client alert</a>.

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John Carlin Discusses the Latest Threats of Global Cyber Attacks on CBS's 60 Minutes

Court Allows Microsoft to Challenge Secrecy of User Data Requests

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Morrison & Foerster partner John Carlin, the former top national security lawyer for the Department of Justice, was recently featured on CBS's 60 Minutes. John 

John Carlin Discusses the Latest Threats of Global Cyber Attacks on CBS's 60 Minutes

Read Lokke Moerel’s article on the NYU Blog Compliance & Enforcement on the impact of the decision of the French data protection against Google refusing to apply the GDPR’s “one-stop-shop” enforcement mechanism. Find out more <a href="https://wp.nyu.edu/compliance_enforcement/2019/04/15/gdpr-what-happened-to-one-stop-shop-enforcement/">here</a>.

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Senior Of Counsel

Among the world’s best-known privacy and cybersecurity advisers, Lokke Moerel is regularly called upon by some of the most sophisticated multinational organizations to confront their global privacy and ethical challenges. Lokke routinely offers guidance to clients when implementing new technologies and digital business models and assists them with their global cybersecurity incident response and regulatory investigations.

Lokke Moerel

Lokke Moerel is among the world’s best-known privacy lawyers. She advises companies on their global information handling governance, strategy, and compliance. “An authority on data protection matters” (Chambers 2014), Lokke is consistently ranked as a leader in data protection law in Chambers Global and Legal 500. She is also professor of global ICT law at Tilburg University, member of the Cyber Security Council of the Netherlands, the advisory body of the Dutch cabinet, and member of the Board of Trustees of WWF International.What do you like best about your work? I enjoy thinking about the data privacy issues and ethical dilemma’s presented by the new technologies, and helping companies decide on how to tune them and implement on a global basis, in an emerging regulatory environment.What do you enjoy doing in your free time? Travel with my husband and three children, the modern arts, but most of all, a good book!What individual most inspired you, and why? In my former EU-based firm, there were no female role- models (I was the first female partner with children) and partners step out at age 55. After moving to MoFo, I met women years older than me and fully at the forefront of their field. What an inspiration! I still have a whole career in front of me.

GDPR: What Happened To One-Stop-Shop Enforcement?

Read Lokke Moerel’s article on the NYU Blog Compliance & Enforcement on the impact of the decision of the French data protection against Google refusing to appl

GDPR: What Happened To One-Stop-Shop Enforcement?

With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides an overview of the FTC’s significant 2018 privacy and data security enforcement actions as well as the other tools the agency uses to promote consumer privacy and data security. In summarizing its 2018 activity, the FTC provides insight into its 2019 priorities and its overall approach to consumer privacy and data security. In this alert, we discuss the highlights of the report and key takeaways. Read our <a href="https://protect-us.mimecast.com/s/YArUCwpR2xS54vMJh95mfk">client alert</a>.

FTC Releases 2018 Privacy and Data Security Update Report

With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its ha

FTC Releases 2018 Privacy and Data Security Update Report

If you thought California’s privacy laws couldn’t get any tougher, think again. The California Legislature has proposed amendments to the California Consumer Privacy Act and additional privacy bills that could expand businesses’ privacy and data security obligations and heighten liability for noncompliance.  These proposals confirm that the dust is far from settled in California with respect to the CCPA specifically and privacy regulation generally.Proposed CCPA Amendments.  On February 25, 2019, Senator Hannah-Beth Jackson <a href="https://oag.ca.gov/news/press-releases/attorney-general-becerra-senator-jackson-introduce-legislation-strengthen">announced</a> proposed amendments to the CCPA (<a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB561">SB 561</a>), backed by the California Attorney General, which would dramatically change enforcement of the Act by:<ul><li>Expanding the private right of action to cover any violation of the Act.  The Act limits consumers to suing if their personal information is involved in certain data security incidents.  Cal. Civ. Code § 1798.150(a).  SB 561 would expand the private right of action to cover any violation of the Act, including violations related to compliance with the Act’s individual rights provisions.  This change increases businesses’ litigation risk and exposure arising out of the Act’s broad (and in many ways ambiguous) requirements.</li><li>Eliminating businesses’ ability to cure violations before AG enforcement can occur.  The Act currently requires the AG to notify businesses of alleged noncompliance and give businesses thirty days to cure alleged violations before bringing an enforcement action.  Cal. Civ. Code § 1798.155(b).  SB 561 would eliminate this “right to cure,” allowing the AG to sue without notice.</li><li>Removing the AG’s obligation to provide compliance guidance to businesses.  The amendments would remove businesses’ ability to seek the AG’s guidance on how to comply with the Act, Cal. Civ. Code § 1798.155(a), instead providing that the AG may publish general compliance guidance.</li></ul>In backing SB 561, the AG has renewed requests for changes the Legislature declined to adopt in August 2018, when it approved other amendments to the Act (<a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1121">SB 1121</a>).  Whether the AG’s proposed amendments will gain traction in the Legislature this session remains to be seen.  The Legislature must also consider SB 561 in connection with other proposed CCPA amendments that would expand exemptions under the Act,<a name="_ftnref1" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[1]</a> clarify required mechanisms to submit consumer requests,<a name="_ftnref2" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[2]</a> and make nonsubstantive changes.<a name="_ftnref3" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[3]</a>  And, it is likely that there will be additional amendments on the table as well.Additional Privacy Bills.  California Assembly Members have recently introduced other privacy bills that would expand the State’s existing privacy laws, including:<ul><li><a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB288">AB 288</a> – Social Media Privacy. This bill would require social media companies to give users the option to have their personally identifiable information permanently removed from company records and excluded from sale when users close their accounts.  AB 288 includes a private right of action permitting consumers to sue for violations.</li><li><a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB950">AB 950</a> – Consumer Privacy Protection. This bill would require businesses that collect California residents’ consumer data to disclose the average monetary value to the business of consumers’ data and any use of such data that is not directly related to providing services to consumers.  The bill would also require businesses that sell California residents’ consumer data to disclose the average price the business receives for consumers’ data and the actual price it received for a consumer’s data in response to a verified request by the consumer.</li><li><a href="http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1035">AB 1035</a> – Personal Information: data breaches.  This bill would require businesses to disclose data breaches involving personal information within 72 hours of discovering the breach.</li><li><a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1202">AB 1202</a> – Privacy: data brokers.  This bill would require data brokers to register with, and provide certain information to, the AG and would require the AG to publicize that information on the AG’s website.  The AG could sue data brokers for noncompliance.</li><li><a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1281">AB 1281</a> – Privacy: facial recognition technology: disclosure.  This bill would require a business in California that use facial recognition technology to disclose that usage in a clear and conspicuous physical sign posted at the entrance of locations where such technology is used.  Violations would constitute “unfair competition” under California’s Unfair Competition Law.</li><li><a href="http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1395">AB 1395</a> – Smart Speaker Privacy Act. This bill would prohibit “smart speaker devices,” and manufacturers of such devices, from saving or storing voice data collected by the devices.</li></ul>This legislative activity suggests that privacy regulation is a priority for the Legislature and remains top of mind for consumer advocates.  It will be important for businesses to be mindful of the full privacy landscape as they plan for and focus on CCPA compliance this year.<a name="_ftn1" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[1]</a> See <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1146">AB 1146</a> (exempts vehicle information shared between a new motor vehicle dealer and specified parties in relation to certain vehicle repairs); <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1355">AB 1355</a> (excludes deidentified or aggregate consumer information from the definition of personal information under the Act); and <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1416">AB 1416</a> (confirms the Act does not restrict businesses’ ability to comply with the law, exercise or defend legal claims, protect against fraud, security incidents, or other illegal activity, or investigate, report, or prosecute those responsible for such activity).<a name="_ftn2" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[2]</a> See <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1564">AB 1564</a> (requires businesses to provide consumers with a toll-free number or email address to submit requests and, if the business maintains a website, a website to submit requests).<a name="_ftn3" href="https://classdismissed.mofo.com/consumer-products/ca-seeks-to-strengthen-tough-privacy-laws/#3998465-v5-CCPA_Amendments_and_CA_Privacy_Bills_Update.docx">[3]</a> See <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1760">AB 1760</a> (nonsubstantive changes to deletion right); <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1758">AB 1758</a> (nonsubstantive changes to provision confirming Act does not require businesses to retain personal information for a single, one‑time transaction if the business does not sell or retain the information); <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB752">SB 752</a> (nonsubstantive changes to financial incentive provision); and <a href="http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB753">SB 753</a> (nonsubstantive changes to requirement to provide opt-out link on internet homepage).

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Purvi G. Patel is the former managing partner of the Los Angeles Office. She represents retail, e-commerce, and other businesses in significant advertising, unfair competition, consumer fraud, and privacy 

Purvi G. Patel

Purvi G. Patel defends retail, e-commerce, and other businesses in significant advertising, unfair competition, consumer fraud, and privacy matters. She has built a robust practice defending household names in complex and class action litigation in federal and state courts across the country, winning motions to dismiss, defeating class certification, and securing summary disposition in several multi-million dollar lawsuits. Purvi is a strategic and practical thinker who is in tune with her clients’ priorities, which leads to successful outcomes both inside and outside the courthouse.

Purvi Patel

California Seeks to Strengthen Tough Privacy Laws

If you thought California’s privacy laws couldn’t get any tougher, think again. The California Legislature has proposed amendments to the California Consumer Pr

California Seeks to Strengthen Tough Privacy Laws

The cost for violating the Children’s Online Privacy Protection Act (COPPA), intended to ensure parents are informed about, and can control, the online collection of personal information (PI) from their children under age thirteen, has been steadily rising, and companies subject to the law should take heed.  Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the Shanghai-based mobile app company Musical.ly (now operating as “TikTok”)  for a myriad of COPPA violations, including failure to obtain parental consent and failure to properly delete children’s PI upon a parent’s request.

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Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million

NTIA Announces New Multistakeholder Process for IOT Security Issues

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The cost for violating the Children’s Online Privacy Protection Act (COPPA), intended to ensure parents are informed about, and can control, the online collecti

Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million

One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePrivacy reform is still being worked on by EU lawmakers, one of the items the ePrivacy Regulation is expected to update is the use of “cookie walls.” Recently, the Austrian and UK data protection authorities (DPAs) issued enforcement actions involving the use of cookie walls, albeit with different findings and conclusions.Read our <a href="https://protect-us.mimecast.com/s/HrQECL950GH0kl13hPNqYk">client alert</a>.

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Managing Partner, Brussels

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Privacy & Data Security practice and managing partner of the firm’s Brussels office, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management. 

With more than a decade of experience, Mr. van der Wolk helps clients develop privacy strategies for digital transformations, industrial IoT, telematics, Big Data, commercial and marketing programs, a

Alex van der Wolk

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Privacy & Data Security practice and managing partner of the firm’s Brussels office, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management.

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Of Counsel

Mercedes Samavi is an associate based in the London office of Morrison & Foerster and a member of both the Technology Transactions Group and the Global Privacy Group.
Mercedes advises domestic and int

Mercedes Samavi

The Cookie Wall Must Go Up. Or Not?

One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePriva