Third-party cookies, pixels, and other tracking technologies are commonly used on websites for advertising, analytics, and site functionality purposes. Third-party SDKs are often used in mobile applications for the same reasons. Use of these technologies to enable routine and longstanding business objectives can now trigger risks and requirements under U.S. state privacy and wiretapping laws, and federal privacy laws.

This comprehensive program delves into the evolving U.S. legal landscape surrounding tracking technologies and provides a basic overview of how those technologies work. Participants will gain an in-depth understanding of what U.S. state and federal laws can apply to commonly used tracking technologies, how regulators are enforcing these laws, and how to reduce their client’s litigation and regulatory risk. The program will cover how litigation under wiretap laws California’s CIPA have been focused on tracking technologies. The program will also compare and contrast U.S. and European requirements, including under GDPR and the e-Privacy directive, to explore where different approaches may be needed in the U.S.

In addition to summarizing the legal requirements, the program will explore the key components of a compliance program along with actionable approaches to establish and maintain one. This will include practical recommendations for identifying and assessing tracking technologies used, managing consents and opt-outs, using cookie banners and consent management platforms, and contract considerations with third-party tracking technology providers.

Key topics to be discussed:

• State and Federal Laws Impacting Use of Cookies and Tracking Technologies
• State Law Requirements For Tracking Technologies and “Sales”, “Sharing”, and Targeted Advertising
• Sensitive Data Requiring Consent For Cookies and Tracking Technologies
• U.S. Regulatory Enforcement Trends for Cookies and Tracking Technologies
• Wiretapping Laws and Their Intersection with Cookies and Tracking Technologies
• Litigation Trends and Considerations
• Consent Mechanisms and Legal Standards
• Components of a Compliance Program
• Practical Recommendations for Compliance

Closed-captioning available