Authored by: Chiara Portner, December 17, 2013
Have you ever noticed when, after visiting a website, you suddenly start seeing banner ads for the product you were looking at on every webpage that you open? Well, you are not the only one and the California legislature has taken notice.
CalOPPA does not define what it means to “do not track” a user. The World Wide Web Consortium’s (W3C) efforts to develop an industry standard of what “do not track” means has been stalled and will not be completed before January 1, 2014. Also note that CalOPPA does not actually require a website to actually follow or abide by the do not track signal that it may receive from a browser or other mechanism. AB 370 is not a prohibition on user tracking. Rather, CalOPPA attempts to ensure transparency so users can be better informed as to whether a website’s practices include such tracking.
Operators will be in violation of the law if they do not comply within 30 days of being notified of noncompliance. The California Attorney General historically has found that each download of a non-compliant app is a separate and distinct violation and fines can be up to $2500 per violation.
© 2013 Paradigm Counsel LLP
Chiara Portner can be reached at Chiara@paradigmcounsel.com