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

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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?

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

David-Zetoony-FedBarDavid 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
[email protected]

 

David J. Abernethy_FedBarDarren 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
[email protected]

 

Helena J. Engfeldt_FedBarHelena 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
[email protected]

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
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