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Consumer privacy group files privacy breach court case against Oracle and Salesforce

A Dutch consumer privacy group has brought a class action claim against tech giants Oracle and Salesforce, alleging that their involvement in placing third party cookies to help track and target internet users with adverts breaches privacy laws.

The Privacy Collective, a non-for-profit foundation, claims that the tech giants are effectively using Dutch customer data without their explicit consent and has taken them to court, claiming at least €10bn in damages. A similar case, also fully funded by Innsworth litigation funder, is set to be filed in England and Wales.

Source: Consumer privacy group files privacy breach court case against Oracle and Salesforce – DutchNews.nl

Google’s ‘trust tokens’ are here to take cookies down a peg

Google announced that developers have their first chance to test a proposed alternative to tracking users across the web: trust tokens.

Unlike cookies, trust tokens are designed to authenticate a user without needing to know their identity. Trust tokens would not be able to track users across websites, because they’re theoretically all the same, but they could still let websites prove to advertisers that actual users — not bots — visited a site or clicked on an ad.

Source: Google’s ‘trust tokens’ are here to take cookies down a peg – The Verge

The CNIL Can’t Legally Forbid Cookie Walls Under GDPR

France’s highest administrative court has ruled that the country’s data protection authority, the CNIL, does not have the right to ban cookie walls.

The Conseil d’État, a division of the French government that serves as its supreme court of administrative justice, issued a ruling on Friday in response to litigation initiated last year by French trade organizations.

Source: The CNIL Can’t Legally Forbid Cookie Walls Under GDPR | AdExchanger

Google is auditioning candidates to succeed the third-party cookie

Google wants other ad exchanges and demand-side platforms to run tests to see whether its proposals to replace third-party cookies will work in actual ad auctions.

Google is ready to test some of its recently announced “Privacy Sandbox” proposals with other exchanges and demand-side platforms to see how its plans to replace third-party cookies with less data-invasive solutions will actually work within advertising auctions. The move marks yet another step in Google’s two-year countdown towards its intention to end support for third-party cookies in Chrome.

Source: Google is auditioning candidates to succeed the third-party cookie – Digiday

No need to mourn the death of the third-party cookie

Amid the whirlwinds of the industry’s response, it’s become abundantly clear that the demise of the cookie is probably a good thing for everyone involved – audience members, publishers and even marketers.

The cookie’s demise has been written on the wall for some time. Many trends have been gradually diminishing the efficacy of the cookie. And, people generally dislike the feeling of someone tracking their every online move. Why not replace that tension with a better model? It’s time to turn to newer, better tools.

Full article: No need to mourn the death of the third-party cookie

Belgian DPA Releases Guidance Materials and FAQs on Cookies and Other Tracking Technologies

On April 9, 2020, the Belgian Data Protection Authority  released guidance and a set of frequently asked questions regarding the use of cookies and other tracking technologies.

Main elements regarding use of cookies and other tracking technologies, in accordance with FAQs, are: transparency (users must be informed about the use of cookies), consent (consent should be obtained for the use of all non-essential cookies) and cookie lifespan (the lifespan of a cookie must be limited to what is necessary to achieve the cookie’s purpose and cookies should not have an unlimited lifespan).

Read more: Belgian DPA Releases Guidance Materials and FAQs on Cookies and Other Tracking Technologies

Irish DPC Publishes New Cookie Guidance

On April 6, 2020, the Irish Data Protection Commission (the “DPC”) published a report summarizing the DPC’s findings following a cookie sweep of select websites across a range of sectors, as well as a new guidance note on the use of cookies and other tracking technologies.

The DPC made it clear that they expect organizations (acting as data controllers) to comply with the current cookie law rules. Organizations have a six-month window to get in compliance with the DPC’s new cookie guidance; after that period, the DPC may take action to enforce the guidance.

Source: Irish DPC Publishes New Cookie Guidance

Google Chrome 82 to Enhance Privacy via New Cookie Settings

Google is making progress on expanding the control users have over cookies in the Chrome browser with a new flag in Canary that enables an improved interface with more buttons and information.

The new Cookies user interface in Canary for Android shows four controls instead of just two currently available in the stable version of the browser. One option can prevent websites from reading and saving cookie data when browsing in incognito mode. The other option allows you to block all cookies.

Source: Google Chrome 82 to Enhance Privacy via New Cookie Settings

Publishers Are Wary Of New Tech That Wants To Use Their First-Party Cookies

With the clock ticking on third-party cookies, publishers will soon be the only part of the ad ecosystem with direct relationships with their readers.

The identity-preserving workarounds pitched by agencies and buy-side ad tech often involve using a publisher’s first-party cookie to store information, and allowing outside partners to call up these first-party cookie records (often via API) and stitch them together to understand identity.

Other solutions use local storage or have a publisher create a new subdomain (a CNAME record) for the ad tech company that allows them to set first-party cookies. Then, buyers can essentially recreate the identity that powers the open web.

Unfortunately, most – though not all – of these solutions fail to meet publishers’ privacy compliance criteria, and many feel these are temporary workarounds vs. true innovations.

Full article: Publishers Are Wary Of New Tech That Wants To Use Their First-Party Cookies | AdExchanger

EU publishes revised draft ePrivacy Regulation

The Presidency of the Council of the European Union on 21 February 2020 published revised text of the proposed ePrivacy Regulation (Regulation concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications)).

New draft introduces the possibility to process metadata for legitimate interests, as well as to use the processing and storage capabilities of terminal equipment, and to collect information from end-users’ terminal equipment when it is necessary for the purpose of the legitimate interests pursued by the service provider, except when such interest is overridden by the interests or fundamental rights and freedoms of the end-user. That is big change compared to existing regulation requiring user’s consent.

Draft ePrivacy Regulation

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