Popular online tracking tools are posing new challenges for in-house legal counsel as concerns over privacy rise. Laws that have been resting on the shelves for years are being taken out, dusted off, and used in brand new privacy battles. At the same time, regulators are redefining what’s considered normal when it comes to commercial surveillance. These are the key takeaways from a recent Bloomberg Law report.
The center of this newfound scrutiny are pixels – tiny pieces of software deployed on business websites to measure the impact of advertising campaigns. These trackers, often provided by tech giants like Alphabet Inc.’s Google and Meta Platforms Inc., are different from cookies, another form of tracking software. While cookies can be easily blocked with privacy software, pixels pose a more complex challenge.
The issues stemming from the use of pixels have sparked a wave of litigation. Even the U.S Federal Trade Commission (FTC) has gotten involved, according to the Bloomberg Law report. The main problem remains – pixels, unlike cookies, can’t easily be fended off.
The use of pixels has always raised eyebrows. However, this latest development sees in-house counsel reassessing privacy issues, drawing the attention of litigators, regulators, and policy makers who were previously uninvolved.
As privacy laws continue to change and adapt to new technologies, in-house legal departments must remain vigilant. Online tracking methods like pixels, given their widespread use and lack of easily applicable protective tools, pose a new challenge. However, this challenge also offers an opportunity: corporations that can successfully navigate these new legal complexities will not only protect themselves from litigation but also demonstrate their dedication to privacy to their customers.
The challenge for legal professionals is to stay informed about emerging technologies and understand their legal implications. Navigating these waters will not only require a deep understanding of the law as it stands today, but also a capacity to anticipate how it may evolve in the face of new technological challenges.
For legal professionals and companies, the wake-up call has been sounded, and there’s no going back: if privacy was once considered the future of the digital realm, it is clear it has well and truly arrived.