The Next Big Wave? Universal Opt-Outs
This week, Consumer Reports and Wesleyan University released a report on whether certain online sites were complying with state law requirements to honor consumer opt-outs through universal opt-out mechanisms (like Global Privacy Control). While the study itself was limited to 40 online sites (referred to as “retailers” but with a fairly wide range of industries, including hospitality and telecom) – the percentage found to be in non-compliance or likely non-compliance was reasonably high. Companies should assume that this will be one of many investigations and that failing to honor Universal Opt-Out signals is a sure way to receive unwanted attention both from regulators and, likely to follow, litigants.
Key Takeaway: it’s essential to confirm with your tech team that you are honoring these signals and to confirm you are doing so in accordance with the applicable state laws. It may be worth an audit to verify compliance across devices, platforms and browsers as well.
Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.