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Bob Braun, Co-Chair of the Cybersecurity & Privacy Group with Jeffer Mangels & Mitchell LLP, was recently quoted in the Bloomberg Law article, “Cookie Banner Privacy Suit Surge Puts Website Operators on Edge.” The article examines the rise in lawsuits that allege collection of data and disclosure to third parties even after consumers click the “reject all” button that is a common feature of cookie banners.
Braun told Bloomberg Law that the button in part came about because of pressure from California regulators for website operators to eliminate “dark patterns” in their cookie banners—design choices that manipulate users into allowing more data collection than they want.
Braun said, “It has to be as easy to opt out as to opt in, which means, to be compliant with California requirements, you’ll see ‘Accept’ and ‘Reject’ will be equally prominent.”
He went on to note that making sure that a cookie banner operates as advertised is essential to firms that need the data.
“Because if you’re an e-commerce firm, and you’re aggressive about collecting data, you’re running a real risk that the regulators are going to be looking at you, and the plaintiff firms too,” he said.
Read the full Bloomberg Law article here.
