Tracking Technologies: Privacy Regulation, Enforcement and Risk

The risks, costs and benefits of tracking technologies, such as cookies, pixels and software development kits, have been some of the most debated privacy concerns. To manage the complex legal, technical and commercial issues around the use of these tools, it is important to understand how they work and the applicable laws and regulations. In this first article of a four-part guest series, Proskauer partners Leslie Shanklin and Ryan Blaney, and associate Danielle Brooks, examine the current and future legal landscape around digital tracking. Part two will dive deep into the technology of online tracking and targeting. Part three will offer a practical governance roadmap for managing digital tracking, and part four will focus on compliance challenges and solutions, including those specific to the advertising industry. See “IAB Unveils Multistate Contract to Satisfy 2023 Laws’ Curbs on Targeted Ads” (Feb. 22, 2023).

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