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Areas of Interest
September 29th, 2022
Brands Review Data Privacy Policies After $1.2 Million Sephora Settlement
Privacy & Data Security Chair Daniel M. Goldberg is quoted in the article, “Brands Review Data Privacy Policies After $1.2 Million Sephora Settlement” published by The Wall Street Journal. The article discusses the how companies are paying more attention to California’s data privacy laws after Sephora was penalized for alleged violations related to its targeted advertising. Daniel is quoted saying, “The biggest losers could be marketers at small-to-midsize businesses who did not realize that the regulations would apply to them. Many companies didn’t realize that the sharing of data could violate CCPA, even when they used tools like Google’s Marketing Platform that let users opt out of some targeted advertising. A separate point of contention for marketers was the fact that the CCPA’s definition of ‘sale’ included sharing consumer information with outside parties regardless of whether money is exchanged. Many companies delayed compliance because they disagree with that definition and don’t want to tell consumers that they sell data.”
The Sephora case also started new conversations about marketers’ use of behavioral data, as well as the Global Privacy Control tool. Daniel said, “California’s decision to require businesses to recognize GPC more than one year ago further complicated the compliance process, because CCPA didn’t initially contain any language related to the tool.”
Read the full article here. (Behind paywall)
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
