In the News: Andrew Chase Discusses New CIPA Claims Over Website Consent Banners for Corporate Compliance Insights
Constangy Cyber Team partner, Andrew Chase, authored an article for Corporate Compliance Insights discussing how recent developments in the litigation of California Invasion of Privacy Act (CIPA) wiretap and pen register sections warrant an evaluation of current practices by technical and compliance teams.
Andrew examined the difference between business claims, which stem from the assertion of an unlawful (unfair or fraudulent business act that is typically tied to a broken consent banner), and consumer claims (which stem from plaintiffs arguing that a defective consent mechanism was a deceptive representation in connection with a consumer transaction).
He then provided practical guidance on how to address the issue: website owners and operators regularly should review and test the operation of the consent-opt-out function, preferably as part of the normal change-management cycle.
“Using simple analysis tools will allow organizations and businesses to effectively implement compliance management processes without creating new risks of greater liability,” said Andrew. “Once implemented, compliance and technical teams should incorporate ongoing testing to ensure future changes and modifications do not create unintended consequences.”
To view the full article, you may click here.
