[{"source":"FTC USA Business Blog Posts","id":3203247,"description":"FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitment to challenging false or misleading representations about businesses’ compliance with the EU-U.S. Privacy Shield Framework. Another important development is the FTC’s proposed settlement with Retina-X . It’s our first action against a marketer of stalking apps – software that allowed purchasers to monitor the mobile devices on which they’re installed, without users’ knowledge. COPPA. Congress passed the Children’s Online Privacy Protection Act to ensure that when it comes to the collection of kids’ personal information online, parents are in the driver’s seat. The FTC settlement with YouTube – brought in conjunction with the New York Attorney General – alleges that the company collected kids’ personal data without parental consent, in violation of the COPPA Rule . The $170 million civil penalty broke the record for the largest remedy in an FTC COPPA case, set months before in our $5.7 million settlement with Musical.ly , now known as TikTok. If you’re a YouTube channel owner, read a special Business Blog post for tips on determining if your content is directed to children. Data security. Is your company honoring its data security promises and taking reasonable steps to safeguard the sensitive information in its possession? The FTC, CFPB, and State AG actions against Equifax illustrate how consumers are injured when companies ignore reasonably foreseeable threats. The settlement, which totals between $575 million and $700 million – also reminds businesses that heeding warnings about known risks is more prudent (and cost-effective) than the alternative. Three threads tie together the FTC’s unrelated actions against LightYear Dealer Technologies and InfoTrax Systems . They both sell management software to specific industries. They both allegedly failed to take reasonable steps to secure their networks, resulting in damaging data breaches. And they’re both covered by similar new orders the FTC has introduced in recent data security cases. If you or your clients are players in the Internet of Things, the settlement of the FTC’s litigation against connected device company D-Link sends an unmistakable message: The future of the IoT marketplace depends on secure software development. Endorsements, certifications, and influencers. Why is the FTC concerned about the accuracy of endorsements and certifications? Because they’re material to consumers. The FTC says Truly Organics’ claim that its personal care products were “certified organic” lathered up a double bubble of deception. First, its merchandise contained ingredients that weren’t organic. Second, the company falsely claimed that its products were certified by USDA’s National Organic Program. Other FTC developments focused on the use of endorsements in social media. The FTC’s action against Devumi alleges the company sold fake followers, phony subscribers, and bogus","pubDate":"Thu, 08 Oct 2026 08:06:58 +0200","url":"https://www.ftc.gov/business-guidance/blog/2020/01/ftc-consumer-protection-year-review-offers-2020-vision-your-business","titre":"FTC consumer protection year in review offers 2020 vision for your business"},{"url":"https://www.ftc.gov/business-guidance/blog/2019/03/nixing-fix-warranties-mag-moss-restrictions-repairs","titre":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs","pubDate":"Tue, 06 Oct 2026 08:06:23 +0200","source":"FTC USA Business Blog Posts","description":"Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection under Mag-Moss is that the law prohibits manufacturers from conditioning warranty coverage on the use of particular products or services. Here are some of the questions FTC staff intends to ask at Nixing the Fix : What’s the interplay between repair restrictions and the Magnuson-Moss Warranty Act’s anti-tying provision, which establishes that manufacturers can’t condition coverage on the use of parts or services identified by brand, trade, or corporate name? Do repair restrictions affect the market for extended warranties and service agreements? What types of restrictions are consumers running into when they try to get their stuff repaired? Are manufacturers’ restrictions having an impact on small fix-it businesses? Are manufacturers using software that may render products obsolete or unfixable if consumers engage in DIY or go to a local repair shop? Are repair restrictions necessary to reduce the risk of physical injury or to protect manufacturers from liability for products improperly repaired by others? Do consumers understand the effects of repair restrictions? We’re also looking for empirical research and data about the prevalence and impact of manufacturers’ repair restrictions. For example, what can you tell us about code that disables products that have been repaired by someone other than the manufacturer, product designs that make third-party repairs difficult (like attaching batteries with glue only the manufacturer can remove), contractual post-sale or licensing restrictions, or proprietary diagnostic software and replacement parts? Please send us your research and data by April 30, 2019. Do you have suggestions about possible panelists? Email us at nixingthefix@ftc.gov . Nixing the Fix will take place on July 16th at the FTC’s Constitution Center conference facility, 400 7th Street, S.W., in Washington, DC. It’s free and open to the public. You can file public comments online and we’ll keep the record open until September 16, 2019. Follow the Business Blog for more information about the agenda and for watch-the-webcast instructions.","id":3199073},{"titre":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements","url":"https://www.ftc.gov/business-guidance/blog/2012/06/speaking-spokeo-part-2-companys-allegedly-bogus-endorsements","pubDate":"Sat, 03 Oct 2026 14:06:13 +0200","source":"FTC USA Business Blog Posts","description":"Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening.  But that’s not the only way the Spokeo settlement touches on social media.  The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant?  No, said the FTC.  According to the complaint , Spokeo directed its employees to write the comments.  Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo.  The purpose, says the FTC, was to give readers the misleading impression that the laudatory words had been posted by independent consumers or business users of Spokeo. The FTC’s revisions to its Endorsement Guides made headlines a few years ago.  Ironically enough, the provision that seemed to attract the most attention is one that didn’t change.  It’s the law — and it’s always been the law under Section 5 — that consumers have a right to know when there’s a material connection between an advertiser and an endorser.  Here’s how the Guides put it:  \"When there exists a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement ( i.e., the connection is not reasonably expected by the audience), such connection must be fully disclosed.\" According to the FTC, by posting comments that conveyed the untruthful impression that they came from satisfied users of Spokeo’s services, Spokeo engaged in false and misleading practices.  To settle the endorsement count in the lawsuit, Spokeo has agreed that it won’t misrepresent, expressly or by implication, the status of any user of a product or service — for example, that someone is an independent, ordinary endorser if that’s not the case.  The company also will clearly and prominently disclose any material connection between an endorser and Spokeo (or any other entity advertising, selling, or promoting a product) when a connection exists.  What about the bogus endorsements already posted?  Spokeo has seven days to take all reasonable steps to pull them down. Looking for more about complying with the Endorsement Guides?  Read The FTC’s Revised Endorsement Guides: What People are Asking and watch this video: While you’re at it, share this post and those resources with your marketing staff, your ad agency, your PR firm, and anyone else who plays a role in your publicity and promotions. Next:  What the Spokeo settlement means for your business, your next ad campaign, and your job search","id":3195787},{"pubDate":"Tue, 24 Mar 2026 14:08:47 +0100","url":"https://www.edpb.europa.eu/news/news/2026/edpb-conference-cross-regulatory-cooperation-what-we-learned_en","titre":"EDPB conference on cross-regulatory cooperation: what we learned","id":2780286,"description":"Brussels, 23 March - On 17 March 2026, the EDPB conference “Cross-regulatory interplay and cooperation in the EU: a data protection perspective” took place in Brussels. The event showcased high-level discussions, featuring contributions from representatives of key EU institutions, European Data Protection Authorities, academia and industry.  Key takeaways from the panel discussions Throughout the day, three panels were held, focusing on 1) data protection and competition , 2) the Digital Markets Act (DMA) and the GDPR , and 3) the Digital Services Act (DSA) and the GDPR .  During the first panel , speakers emphasised the critical need for cooperation between regulatory bodies in the fields of data protection and competition and shared views on what regulators in the two fields can learn from each other, especially in the aftermath of the Bundeskartellamt ruling. A speaker emphasized that regulators should align their approaches and recognize synergies between the two fields, such as protecting consumers and data subjects. Others pointed out that fixing harm to end users does not always solve competition issues, and that data protection should be considered in competition analysis only when relevant, on a case-by-case basis. Panellists also highlighted the need to cooperate not just on individual cases, but on broader concepts and legal principles.  In this context, the EDPB has recently agreed to develop joint guidelines with the European Commission to address the interplay between competition law and data protection. The discussions in the second panel centred on the joint guidelines on the DMA and the GDPR , which were developed by the European Commission and the EDPB and recently underwent public consultation. The joint guidelines are an unprecedented work and a good example of regulatory cooperation paving the way for further examples ahead, in line with the  EDPB Strategy 2024-2027 and  Helsinki Statement ’s objectives to strengthen cross-regulatory cooperation. A crucial goal of the guidelines is the development of a coherent and compatible interpretation of the DMA and the GDPR while respecting the regulatory competences. It was emphasised that these guidelines help break silos, strengthen consistency, and provide further clarity and legal certainty. All of this contributes to easier compliance, which is valued by stakeholders and increases trust. At the same time, certain speakers suggested improvements to the final version of the guidelines, bearing in mind the DMA should not be given primacy over the GDPR and that the measures companies have to comply with should be proportionate.  Other examples of cooperation in this domain were also mentioned, such as the participation in the High Level Group for the Digital Markets Act and specific instances of cooperation on concrete cases.  The last panel of the day explored how the Digital Services Act (DSA) and the GDPR interact. Panellists provided the example of the protection of minors: age   verification should be effective yet fully in line with data protection legislation.  They highlighted the growing need for strong coordination between the two frameworks, including the role of the European Board for Digital Services and other ways for the Commission and the EDPB to work together. A speaker also underlined the challenges and ongoing work on cross-regulatory cooperation from the perspective of a national authority. Another speaker urged regulators to work on building a fully coherent interpretation of the two frameworks and more globally of the digital legislation. Panellists also stressed that emerging technologies such as artificial intelligence are reshaping online ecosystems and, as a result, the role of the DSA and the GDPR.  The panel concluded with a clear message: online safety under the DSA and the lawful processing of personal data are two sides of the same coin, both calling for the DSA and the GDPR to be read coherently.  Highlights from the keynote speeches The event also","source":"EDPB News"},{"source":"EDPB News","description":"Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said:   “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and bringing enhanced legal certainty to them.  The guidelines will help gatekeepers, business users and individuals to better understand their obligations and rights under the DMA, and ensure a consistent, effective and complementary application of the DMA and EU data protection law.” How the DMA and the GDPR interact The DMA and the GDPR both protect individuals in the digital landscape , but their goals are complementary as they address interconnected challenges: individual rights and privacy in case of the GDPR and fairness and contestability of digital markets under the DMA.    Several activities regulated by the DMA entail the processing of personal data by gatekeepers and, in several provisions, the DMA explicitly refers to definitions and concepts included in the GDPR. The joint guidelines clarify how gatekeepers can implement these DMA provisions in accordance with EU data protection law . For example, the EDPB and the Commission specify which elements gatekeepers should consider in order to comply with the requirements of specific choice and valid consent under Art. 5(2) DMA and the GDPR, and thus to lawfully combine or cross-use personal data in core platform services. The EDPB and the Commission also address other provisions including those related to the distribution of third party apps and stores, data portability, data access requests and interoperability of messaging services.   Next steps The Board and the Commission have just launched a joint public consultation on the first version of the guidelines which will be open until 4 December 2025 .  This will be an opportunity for stakeholders to comment and provide feedback. All submissions will be published on the DMA website to which a link will be included on the EDPB website, after the consultation period has closed. The final text, incorporating input received during the consultation, will be prepared jointly by the Board and the Commission, and will be adopted by the EDPB and European Commission.   More guidelines on the way Following these first joint guidelines with the Commission, further work is underway to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working with the Commission, specifically with the AI Office, on joint guidelines on the interplay between the AI Act and EU data protection laws. Note to editors: The Digital Markets Act is one of the first regulatory tools that aims to tackle unfair practices of gatekeepers in digital markets. Gatekeepers are large digital platforms providing core platform services, such as online search engines, app stores, and messenger services. The main objective of the DMA is to make the markets in the digital sector fairer and more contestable. ","id":2425502,"url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","pubDate":"Thu, 09 Oct 2025 15:53:21 +0200"},{"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","id":2368407,"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200"}]