California - Cookies & Similar Technologies

Chair of Olshan’s Intellectual Property Law Group and Co-Chair of the firm’s Brand Management & Protection Group Mary Grieco, Brand Management & Protection associate Morgan Spina and Corporate associate Rachel Gold authored a guidance note in OneTrust DataGuidance (subscription required) entitled “California - Cookies & Similar Technologies.” Focusing on cookies and similar tracking technologies under the California Consumer Privacy Act (CCPA), the article explains when cookies constitute personal information, when consent is required, how businesses must handle opt-outs and the risks associated with third-party tracking. In the article, Mary, Morgan and Rachel remind that cookies can constitute personal information and that, while California generally does not require prior consent to use cookies, consent-first practices are nevertheless recommended. To highlight potential risks, the authors provide several recent enforcement actions against well-known brands, including Sephora, DoorDash, Honda and Disney. They conclude that businesses should adopt robust consent and preference-management practices, even if California does not mandate a traditional cookie-consent regime in the same way that some other jurisdictions do.