Cookies, Trackers, Websites, and Apps: Changing U.S. Laws Require New Approaches for Privacy Compliance (2025 Edition)
Sam regularly helps clients to establish, scale, and right-size privacy programs. Sam has more than fifteen years of experience as a privacy leader and lawyer.
Mason regularly advises clients on the use of tracking technology, particularly with respect to the collection of sensitive personal information.
Live Video-Broadcast: February 28, 2025
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Program Summary
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.
This course is co-sponsored with myLawCLE.
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
Date / Time: February 28, 2025
- 1:00 pm – 3:10 pm Eastern
- 12:00 pm – 2:10 pm Central
- 11:00 am – 1:10 pm Mountain
- 10:00 am – 12:10 pm Pacific
Closed-captioning available
Speakers
Sam Castic | Hintze Law PLLC
Sam Castic is based in Seattle where he is a partner with Hintze Law, an AI, privacy, and security law firm. Sam regularly helps clients to establish, scale, and right-size privacy programs. Sam has more than fifteen years of experience as a privacy leader and lawyer. He previously worked as chief privacy officer for global fintech Blackhawk Network, and as head of privacy for Nordstrom.
Mason Fitch | Hintze Law PLLC
Mason Fitch is based in Houston where he is a Senior Associate with Hintze Law, an AI, privacy, and security law firm. Mason regularly advises clients on the use of tracking technology, particularly with respect to the collection of sensitive personal information. He has represented clients in inquiries from the Federal Trade Commission, the Texas Attorney General, and international data protection authorities. He previously led the Privacy Program team for Meta’s messaging apps, and was the first privacy counsel for Hims & Hers Health.
Agenda
I. State and Federal Laws Impacting Use of Cookies and Tracking Technologies | 1:00pm – 1:15pm
II. State Law Requirements for Tracking Technologies and “Sales,” “Sharing,” and Targeted Advertising | 1:15pm – 1:30pm
III. Sensitive Data Requiring Consent for Cookies and Tracking Technologies | 1:30pm – 1:45pm
IV. U.S. Regulatory Enforcement Trends for Cookies and Tracking Technologies | 1:45pm – 2:00pm
Break | 2:00pm – 2:10pm
V. Wiretapping Laws and Their Intersection with Cookies and Tracking Technologies | 2:10pm – 2:25pm
VI. Litigation Trends and Considerations | 2:25pm – 2:40pm
VII. Consent Mechanisms and Legal Standards | 2:40pm – 2:50pm
VIII. Components of a Compliance Program | 2:50pm – 3:00pm
IX. Practical Recommendations for Compliance | 3:00pm – 3:10pm
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