Businesses increasingly face legal claims involving common website technology such as cookies, tracking pixels, analytics tools, and third-party integrations. Several states have laws that govern these technologies. For example, in California, some claims are brought under the California Invasion of Privacy Act (“CIPA”), with plaintiffs alleging that website technologies improperly intercepted or transmitted information about website visitors. Depending on the technology and applicable law, businesses may be required to provide appropriate disclosures or obtain consent. Whether the claim has merit depends on the specific technology involved, how it was configured, what information was transmitted, and what disclosures or consent mechanisms were provided.
Businesses should periodically review their websites to identify tracking technologies and confirm that their privacy disclosures and consent practices accurately reflect how those technologies operate. If a claim is received, businesses should promptly preserve relevant website records, investigate the technology at issue, review applicable vendor agreements, and evaluate potential insurance coverage. Taking these steps early can help businesses assess potential exposure and respond effectively.
If you need legal guidance regarding website privacy compliance, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any action based on the information contained within this material.