The Federal Trade Commission (FTC) has settled its first-ever complaint against social media influencers for deceptive endorsements.1 According to the FTC’s complaint, Trevor “TmarTn” Martin and Thomas “Syndicate” Cassell, two influencers who have wide followings in the online gaming community, promoted an online gambling service called CSGO Lotto on YouTube and Twitter without disclosing that they jointly owned the company.2 The complaint also charges that they paid other gaming influencers thousands of dollars to promote the service on social media platforms, while prohibiting them from saying anything that might impair its reputation.3
Continue Reading FTC Steps Up Scrutiny of Social Media Marketing
The European Start-Up’s Guide to U.S. Data Privacy
Complying with UK and EU data privacy regulations often presents a significant challenge for start-ups based in those regions. UK and EU start-ups expanding to the U.S. similarly need to be aware of U.S. data…
Continue Reading The European Start-Up’s Guide to U.S. Data Privacy
EU-U.S. Privacy Shield Passes First Annual Review
On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures …
Continue Reading EU-U.S. Privacy Shield Passes First Annual Review
European Court of Justice to Rule on Validity of Standard Contractual Clauses
On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very…
Continue Reading European Court of Justice to Rule on Validity of Standard Contractual Clauses
Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers’ Cybersecurity and Privacy
On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company’s practice of pre-loading software on its laptops that compromised consumers’…
Continue Reading Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers’ Cybersecurity and Privacy
Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC
On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its privacy and data security promises.1 Specifically, the FTC levied two deception counts against Uber: (1) that the company had failed to consistently monitor and audit internal access to consumers’ personal information, despite public promises to do so; and (2) that the company had failed to provide reasonable security for consumers’ personal information stored in its databases, despite its security promises. Under the resulting proposed consent order, Uber will be prohibited from misrepresenting how it monitors or audits internal access to consumers’ personal information and how it protects and secures that data. Uber will also be required to implement a comprehensive privacy program that will be subject to independent biennial audits for the next 20 years, and will need to comply with the standard set of consent order recordkeeping and compliance reporting and monitoring requirements.
Continue Reading Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC