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Online Privacy and Privacy Statements

In the United States alone, there is perhaps no issue more controversial than privacy, particularly as it relates to e-commerce and the Internet. The number of new legislative initiatives addressing privacy issues grows with each year. For summaries of the latest federal privacy initiatives, click here

For example:

  • Does your site cater to kids? If your web site or online service is directed to or collects information from children under 13, you may be required to comply with The Children's Online Privacy Protection Act ("COPPA"). Click here to learn more about COPPA: The Children's Online Privacy Protection Act

  • Might you be viewed as a financial institution? If so, you may fall within the scope of the Gramm-Leach-Bliley Act ("GLBA"). This act protects the security and confidentiality of the nonpublic, personal information of consumers. Click here to learn more about this Act: Gramm-Leach-Blieley Act

Even if a web site falls outside the scope of COPPA and GLBA, its owner should be aware of privacy rights, since government agencies and courts are also applying old laws to new technology to protect personal privacy. The Federal Trade Commission's ("FTC") enforcement efforts may be viewed at FTC Privacy Enforcement Efforts. Individual states and class-action plaintiffs also have filed actions to stop the use of web bugs and undisclosed cookies under the Computer Fraud and Abuse Act; the Electronic Communications Privacy Act; and common law theories, including invasion of privacy, unjust enrichment, fraudulent business practices, trespass, violation of state consumer protection and deceptive practices acts.

Finally, because there are no geographic boundaries online, the privacy laws of other countries must be considered as well. For example, the European Union has imposed strict privacy requirements and penalties. However, U.S. companies in compliance with U.S. law can take advantage of the "Safe Harbor" provisions of the EU Privacy Directive.

 

 

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