AdTech, Cookies, Wiretapping, and Banners: The impact of changing laws and changing technology on the world of cookies (2024 Edition)

David A. Zetoony
Darren J. Abernethy
Helena J. Engfeldt
David A. Zetoony | GreenbergTraurig
Darren J. Abernethy | GreenbergTraurig
Helena J. Engfeldt | Baker & McKenzie LLP
On-Demand: May 23, 2024

2.5 hour CLE

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Program Summary

Session I - Are you ready for It? What companies need to know to be prepared for the death of third party cookies – David Zetoony and Darren Abernethy

The most popular web browser has been threatening for years to turn off support for third party cookies – the technology that most websites use for behavioral advertising. That threat is now a reality. In January, support for third party cookies was turned off for 1% of website users—with the same result expected for all of the browser’s users by the end of 2024. Marketing departments are racing to find alternatives.

Key topics to be discussed:

  • What is happening to third party cookies?
  • Alternatives that marketing departments are considering to replace revenue generated by cookies (server-side technologies, CRM-side technologies, Topics API, etc.)
  • Legal implications for each technology and, specifically, what in-house counsel and privacy professionals should be doing to coordinate with their marketing departments
  • Overview of recent cookie- and tracking-technology-related litigation trends, the application of cookies/trackers to new standards such as Washington State’s My Health My Data Act, and summarize options companies may consider in adjusting their compliance strategies

Session II - Four steps to check if online advertising follows privacy laws – Helena Engfeldt

Online businesses need to follow many different privacy and data protection laws, which can vary depending on the location. When it comes to targeted advertising, the rules can be quite complicated, especially about when and how customers can choose to receive or not receive these ads. We’ll look at how to follow these laws in the world of online advertising from four different perspectives.

Key topics to be discussed:

  • What actions make it necessary for customers to either agree to (opt-in) or decline (opt-out) targeted advertising?
  • What actions are involved in an advertising campaign or technology?
  • Who in the online advertising world is responsible for making sure these opt-in and opt-out choices are followed?
  • What are the main risks companies should keep in mind?

Closed-captioning available

Speakers

David Zetoony_Greenberg Traurig_myLawCLEDavid A. Zetoony, co-chair | GreenbergTraurig

David Zetoony focuses on helping businesses navigate data privacy and cybersecurity laws from a practical standpoint. David has helped security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

DENVER| T: +1 303.685.7425
David.Zetoony@gtlaw.com

 

David J. Abernethy_myLawCLEDarren J. Abernethy, shareholder | GreenbergTraurig

Darren J. Abernethy is an ad tech, data privacy and cybersecurity attorney with more than fifteen years of experience, including in Am Law private practice in Washington, D.C. and as Senior Counsel at a leading privacy technology vendor. He advises clients on matters related to digital advertising, privacy and data protection law compliance, data breach management, privacy and data security considerations in M&A, artificial intelligence and FTC best practices.

SAN FRANCISCO| T: +1 415.655.1261
AbernethyD@gtlaw.com

 

Helena J. Engfeldt_myLawCLEHelena J. Engfeldt, partner | Baker & McKenzie LLP

Helena Engfeldt helps companies around the world expand their businesses internationally especially by taking privacy law compliance global. She is a partner in Baker McKenzie’s International/Commercial Practice Group in San Francisco. She is licensed to practice law in California, New York and Washington.

Helena advises private and public companies (from startups to Fortune 100 companies) on global data privacy law compliance, cross-border transactions and international expansion, and drafting and negotiating commercial agreements. Her clients include artificial intelligence developers and users, e-commerce companies, financial institutions, transportation and logistics companies, healthcare and wellness companies, and telecommunications providers.

SAN FRANCISCO | T: +1 415.984.3842
Helena.Engfeldt@bakermckenzie.com

Agenda

Session I – Are you ready for It? What companies need to know to be prepared for the death of third party cookies | 1:00pm – 2:40pm

  • What is happening to third party cookies? | 1:00pm – 1:20pm
  • Alternatives that marketing departments are considering to replace revenue generated by cookies (server-side technologies, CRM-side technologies, Topics API, etc.) | 1:20pm – 1:40pm
  • Legal implications for each technology and, specifically, what in-house counsel and privacy professionals should be doing to coordinate with their marketing departments | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

  • Overview of recent cookie- and tracking-technology-related litigation trends, the application of cookies/trackers to new standards such as Washington State’s My Health My Data Act, and summarize options companies may consider in adjusting their compliance strategies | 2:10pm – 2:40pm

Session II – Four steps to check if online advertising follows privacy laws | 2:40pm – 3:50pm

  • What actions make it necessary for customers to either agree to (opt-in) or decline (opt-out) targeted advertising? | 2:40pm – 2:55pm
  • What actions are involved in an advertising campaign or technology? | 2:55pm – 3:10pm

Break | 3:10pm – 3:20pm

  • Who in the online advertising world is responsible for making sure these opt-in and opt-out choices are followed? | 3:20pm – 3:35pm
  • What are the main risks companies should keep in mind? | 3:35pm – 3:50pm

Credits

Alaska

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2.5 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

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2.5 General

Arkansas

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2.5 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

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2.5 General

California

Approved for CLE Credits
2.5 General

Colorado

Pending CLE Approval
2.5 General

Connecticut

Approved for CLE Credits
2.5 General

District of Columbia

No MCLE Required
2.5 General Hours

Delaware

Pending CLE Approval
2.5 General

Florida

Reciprocity
3 General

Receive CLE credit in Florida via reciprocity
Georgia

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2.5 General

Hawaii

Approved for CLE Credits
2.5 General

Iowa

Pending CLE Approval
2.5 General

Idaho

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2.5 General

Illinois

Approved for Self-Study Credits
2.5 General

Indiana

Approved for Self-Study Credits
2.5 General

Kansas

Pending CLE Approval
2.5 General

Kentucky

Pending CLE Approval
2.5 General

Louisiana

Pending CLE Approval
2.5 General

Massachusetts

No MCLE Required
2.5 General Hours

Maryland

No MCLE Required
2.5 General Hours

Maine

Pending CLE Approval
2.5 General

Michigan

No MCLE Required
2.5 General Hours

Minnesota

Approved for Self-Study Credits
2.5 General

Missouri

Approved for Self-Study Credits
3 General

Mississippi

Pending CLE Approval
2.5 General

Montana

Pending CLE Approval
2.5 General

North Carolina

Pending CLE Approval
2.5 General

North Dakota

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2.5 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2.5 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2.5 General

Nevada

Approved for Self-Study Credits
2.5 General

New York

Approved for CLE Credits
3 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2.5 General

Oklahoma

Pending CLE Approval
3 General

Oregon

Pending CLE Approval
2.5 General

Pennsylvania

Approved for Self-Study Credits
2.5 General

Rhode Island

Pending CLE Approval
3 General

South Carolina

Pending CLE Approval
2.5 General

South Dakota

No MCLE Required
2.5 General Hours

Tennessee

Approved for Self-Study Credits
2.5 General

Texas

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2.5 General

Utah

Pending CLE Approval
2.5 General

Virginia

Not Eligible
2.5 General Hours Hours

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Approved for CLE Credits
2.5 General

Washington

Approved for Self-Study Credits
2.5 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
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3 General

West Virginia

Pending CLE Approval
2.5 General

Wyoming

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2.5 General

Ethics credits can ONLY be earned through Live-Webcast programs, the Wisconsin Board of Bar Examiners does not approve Ethics through On-Demand sessions

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