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February 17th, 2022
Calif. AG Sets Sights on Loyalty Programs’ Privacy Pitfalls
Privacy & Data Security Group Chair Daniel M. Goldberg was quoted in the article, “Calif. AG Sets Sights on Loyalty Programs' Privacy Pitfalls” published by Law360. The article discusses the pressure businesses are facing to comply with the California Consumer Privacy Act requirement that companies offering loyalty programs explain to consumers how they’re profiting from the personal data they collect. The state's attorney general recently sent warning letters to a number of major corporations that offer loyalty rewards, and is making the issue a priority. Daniel explained that the challenges for brands include the difficulty of valuing customer data in relation to the benefits the companies receive – for example, because the value of free hotel rooms or flights can fluctuate many companies “say we're not going to address it right now because we don't know how to address it, or we don't want to address it because that could disclose trade secrets that give our competitors an advantage."
Daniel added that: "What's interesting is that the notices didn't talk about deficiencies in the notice but rather a lack of notice completely, and that's low-hanging fruit that [a] regulator [can] walk into a store or go onto a website and check out." The takeaway? companies “need to understand that this is something the AG's office is looking at very closely, and it's no longer an issue that companies can avoid addressing."
Read the article here. (Behind paywall)
Other Quoted
Advertising Opt Outs Drive New Privacy Strategies in 2025
Cybersecurity Law Report quotes Daniel M. Goldberg in an article on how the advertising industry is facing greater scrutiny from state AGs as more people opt out of targeted ads. The report covers Google’s backtracking on plans to block third-parties’ tracking cookies amidst adtech’s adoption of cookieless personal identifiers; upcoming legal decisions; and compliance areas that adtech should consider in the coming year. View article. (Behind paywall. Contact author Matt Fleischer-Black for complimentary PDF.)
December 18 2024
The Biggest Copyright Decisions of 2024
Law360 quotes Jacqueline Charlesworth on the Hachette Book Group Inc. v. Internet Archive lawsuit, in which the Second Circuit affirmed a Manhattan federal judge’s ruling that a nonprofit’s scanning books to a create e-books was not fair use. (Behind paywall) View Article
December 17 2024
Deciphering the New CPPA Proposed Regulations for Data Brokers
Cybersecurity Law Report quotes Daniel M. Goldberg on the CPPA's proposed regulations that expand upon and clarify key provisions of the Delete Act, broadening the universe of what entities constitute a data broker. (Behind paywall) View Article
December 12 2024