ARTICLE · 15 AUGUST 2024

New York Attorney General Issues Cookie Guidance And Enforcement Warnings

McDermott Will & Emery

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On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common...

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On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and recommendations to avoid enforcement. Companies should pay attention because it signals that the OAG intends to enforce online cookie practices even absent a comprehensive state privacy law.

In Depth

COMMON DEFICIENCIES

The OAG describes common deficiencies that risk unfair and deceptive practices (UDAP) claims, which the OAG identified after investigating several popular websites. Examples include:

Miscategorized tags and cookies: Companies risk UDAP claims when they incorrectly categorize cookies (e.g., miscategorizing cookies as "essential" or failing to categorize cookies at all because that often means consumer choices are not honored fully).

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