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Privacy & Cybersecurity Update - July 2021 | Skadden, Arps, Slate, Meagher & Flom LLP
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California Attorney General Mandates CCPA-Covered Businesses Honor the Global Privacy Control and Announces Update on CCPA Enforcement Activity | Wilson Sonsini Goodrich & Rosati
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Wednesday, July 21, 2021
On July 19, the Office of the Attorney General of California (OAG) issued a press release summarizing its first year of CCPA enforcement. Seventy-five percent of companies receiving a notice to cure are said to have come into compliance within the 30-day cure period, with 25% reportedly still within that period or under ongoing investigation. The OAG also published summaries of 27 resolved exemplary cases. The OAG was careful to note that the summaries do not constitute advice and do not include all of the facts, however they do offer some insights. Disappointingly, however, the summaries often lack enough detail to allow readers to surmise the enforcement posture that was taken by the OAG, the exact nature of the alleged violations, or the specific actions taken by the company that satisfied the OAG’s inquiry.
Upselling
Ad arbitrage – buying web traffic and then selling that inventory on a website for more than it was originally paid for – is universally decried but is also still a lucrative strategy. The enterprise data software company DeepSee published a report showing how many arbitrage sites differ their content display when it comes to accessing websites from a paid link versus a direct link. Direct visitors, for example, would see a single-page format with no ads above the fold (an indicator of quality content). Meanwhile, those clicking to the same page via a paid link may see a busy slideshow format that loads and reloads the page, often with many ad spots stuffed above the fold. Scammers do this to avoid the ire of SSPs, which may have policies against the “hyper-active” version of the sites. But SSPs have employees who vet publishers themselves (i.e., they visit the site directly, seeing the pristine version). “This gives the illusion of quality, while the most clicke
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