[{"titre":"Practice Fusion case suggests 6 health privacy pointers","id":3194910,"pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","description":"Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prospective enrollees could search for doctors geographically or by specialty, read patient reviews of providers, and request appointments. But Practice Fusion had to ask itself a question familiar to many online companies: How do we get the content – in this case, patient reviews? That’s the focus of the FTC’s lawsuit. According to the complaint , Practice Fusion solicited data in a misleading way that led some patients to believe they were sending follow-up messages directly to their doctors about their diagnosis, medical treatment, prescriptions, etc. – and not contributing content to a public website. Practice Fusion, however, populated its new site with the information those people provided, some of which was highly sensitive. Here’s what happened. After appointments with their doctors, patients received emails titled “How was your visit?” The message continued, “To help improve your service in the future, please let us know how your visit went” and included a link with rating stars. The message ended this way: Thank you, Dr. [Name] In a footer, the message said “This email was sent to you by Patient Fusion®, a tool Doctor [Name] uses to deliver the highest quality of care to patients.” Below that in smaller print it said “Sent on behalf of Doctor [Name]’s office by: Practice Fusion.” If patients clicked the link, they were taken to a page that asked for feedback about things like how long they had to wait for their appointment, the doctor’s bedside manner, and whether their medical concern was addressed. There also was a text box where patients were invited to “leave a review for your provider.” Below that was a pre-checked box with the phrase “Keep this review anonymous.” What did some people put in that box? Highly sensitive information directly addressed to their doctors, not evaluations meant to be shared publicly. Here are just a few examples: “Dr [name], My Xanax prescription that I received on Monday was for 1 tablet a day but usually it’s for 2 tablets a day. I have not taken it to the pharmacy yet. Can I pick up a new one, or can I get a prescription called into a pharmacy? Thanks, [patient’s full name] “I called today and left a message regarding my daughter and no one has returned my call. I think she is depressed and has stated several times this week that she wishes she was dead. Could someone please call me [phone number]?” “The cefuroxime axetil does not seem to be doing anything for me. I did a little research and I think I have a yeast infection called candida. Not sure what to do about it yet. I guess I will first try to change my diet. Medication? [patient’s full name] “I would like to make an appointment for my back pain and possible shingles. Can you please call me @ [phone number]? Thank you! [patient's full name]” “I HAVE NO INFECTION [healthcare provider name].  EVERYTHING WENT","source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2016/06/practice-fusion-case-suggests-6-health-privacy-pointers"},{"url":"https://www.ftc.gov/news-events/news/press-releases/2026/04/ftc-seeks-public-comment-unfair-deceptive-fee-practices-online-food-grocery-delivery-services","source":"Federal Trade Commission - Protecting America's Consumers","id":2826725,"pubDate":"Wed, 15 Apr 2026 08:10:57 +0200","titre":"FTC Seeks Public Comment on Unfair and Deceptive Fee Practices in Online Food and Grocery Delivery Services","description":"The Federal Trade Commission today announced it is seeking public comment on whether a rule is needed to address unfair or deceptive fee practices in connection with the services provided by online food and grocery delivery platforms nationwide. As detailed in an Advance Notice of Proposed Rulemaking (ANPRM) to be published shortly in the Federal Register, the FTC is seeking written comments, including data, evidence, analyses, and arguments, to help determine how best to prevent unfair or deceptive acts or practices and to ensure that the agency addresses concerns from both consumers and industry. “Online grocery fees that are unclear, inconsistently disclosed, or revealed only at the last moment before consumers make a purchase distort competition and harm consumers,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “Clear and truthful pricing is essential to competitive markets. The Commission’s enforcement track record suggests that consumers continue to face a suite of fees that prevent them from making informed comparisons. The Trump-Vance FTC is committed to addressing unlawful grocery delivery pricing that obscures the true cost of groceries.” Unfair or deceptive fee practices violate the FTC Act. The Commission recently brought several actions against online food delivery platforms for unfair or deceptive practices that violated the FTC Act. For example, in December 2025, the FTC announced a $60 million settlement with  Instacart over allegations it falsely advertised “free delivery” on consumers’ first three orders on the platform and then charged them service fees that were not disclosed until checkout. And, in December 2024, the FTC obtained a $25 million settlement with  GrubHub over allegations it misled consumers about the cost of delivery on its platform. These cases illustrate that hidden and misleading fees and charges are a recurring problem related to online delivery platforms, despite enforcement actions to protect consumers’ interests. Also, while numerous states have recently adopted laws requiring food and grocery delivery platforms to more clearly disclose fees and include all mandatory fees in advertised prices, they have not adopted uniform rules that apply to all food delivery platforms across the country. The ANPRM asks the public to comment on whether a rule is needed to prevent unfair or deceptive fee practices in connection with online food delivery services including: Total Price. Do food delivery platforms clearly and conspicuously disclose the total price for food or grocery items ordered for local delivery or pickup? Fees and Charges. Do online food delivery platforms clearly and conspicuously disclose the existence, nature, purpose, refundability, or recipient of any fees, charges, or other costs for a delivery or pickup order? Variable or Contingent Fees . Do online food delivery platforms clearly and conspicuously disclose factors used to determine any fees, charges, or other costs that are variable or contingent on consumer selections, such as number or type of items bought or delivery location? Material Restrictions. Do online food delivery platforms clearly and conspicuously disclose whether fees, charges, or other costs are mandatory or optional, or any material restrictions, limitations, or restrictions that may result in additional charges or that may diminish the consumer’s use of the good or service? Price Differentials. Do online food delivery platforms clearly and conspicuously disclose whether the prices of items ordered are the same as, or different from, the prices of the same items offered in the store or restaurant? Personalized Pricing.  Do online food delivery platforms clearly and conspicuously disclose whether the prices of items ordered are the same as, or different from, the prices of the same items offered to other consumers on the platform? Discounts or Promotions. Do online food delivery platforms clearly and conspicuously disclose material"},{"description":"Brussels, 09 April - The European Data Protection Board (EDPB) has published its  2025 Annual Report . The report provides an overview of the EDPB work carried out in 2025 and reflects on important milestones, such as the adoption of the  Helsinki Statement on Enhanced Clarity, Support, and Engagement . “In 2025, we saw the data protection landscape change significantly. The rapid expansion of the EU’s digital regulatory framework has added complexity to the data protection ecosystem. To help organisations navigate this complexity and support compliance, the EDPB focused on enhancing legal certainty, making compliance more achievable in practice, and strengthening cooperation, both among Data Protection Authorities and with other regulators.  We also prioritised meaningful dialogue with stakeholders to ensure our work reflected real-world needs. Our achievements support economic growth while continuing to protect individuals’ fundamental rights to privacy and data protection.” EDPB Chair, Anu Talus   The Helsinki’s statement initiatives leading the way In 2025, the EDPB worked actively to address the demand for regulatory simplification to support innovation and economic growth, while ensuring the protection of individuals’ personal data.  With this in mind, the Board adopted the  Helsinki Statement on Enhanced Clarity, Support, and Engagement , which outlines new initiatives to  make GDPR compliance easier, strengthen consistency, enhance the dialogue and improve transparency with stakeholders and boost cross-regulatory cooperation .   For example, the Board launched a public consultation to ask organisations which templates would be most useful, organised several stakeholder events to consult organisations on upcoming guidelines and systematically published reports on stakeholder input.    Easing compliance for organisations and providing legal advice In the context of ongoing discussions on regulatory simplification at EU level, the EDPB actively contributed to legislative initiatives aimed at reducing administrative burden and streamlining requirements. The Board adopted a  joint opinion with the European Data Protection Supervisor (EDPS) on the Commission’s Proposal for a Regulation amending certain regulations, including the GDPR.  In addition, the Board held important discussions on this matter during plenary meetings, which subsequently informed the  EPDB/EDPS joint opinions on the Commission’s proposals on the  Digital Omnibus and on the  Digital Omnibus on AI adopted at the beginning of 2026. The Board also delivered five adequacy-related opinions concerning United Kingdom, Brazil and the European Patent Organisation (EPO).  In addition, the Board adopted  Recommendations on the legal basis for requiring the creation of user accounts on e-commerce websites , and  Recommendations on the 2027 WADA World Anti-Doping Code  upon request from the Commission.   Strengthening cross-regulatory cooperation Cross-regulatory cooperation was a key focus for the EDPB last year. The EDPB worked together with the European Commission to clarify how data protection and digital laws interact and to address legal and practical challenges in cross-sectoral cases. In 2025, the EDPB adopted its first set of  joint guidelines with the Commission on the interplay between the Digital Markets Act (DMA) and the GDPR . The Board also worked with the Commission on joint guidelines on the interplay between the AI act and EU data protection laws for adoption in 2026.  In addition, the EDPB adopted  guidelines on the interplay between the Digital Services Act (DSA) and the GDPR .   Placing stakeholders at the heart of the EDPB work In 2025, a public consultation was launched on the  joint guidelines with the Commission on the DMA and the GDPR . The Board has also organised public consultations on the EDPB guidelines on  DSA and GDPR","titre":"EDPB annual report 2025: supporting stakeholders through guidance and dialogue","pubDate":"Thu, 09 Apr 2026 14:14:02 +0200","id":2816021,"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-annual-report-2025-supporting-stakeholders-through-guidance-and-dialogue_en"},{"pubDate":"Thu, 09 Oct 2025 15:53:21 +0200","id":2425502,"titre":"DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints","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. ","url":"https://www.edpb.europa.eu/news/news/2025/dma-and-gdpr-edpb-and-european-commission-endorse-joint-guidelines-clarify-common_en","source":"EDPB News"},{"pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","id":2170441,"titre":"The French SA fines SOLOCAL €900 000","description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a €900 000 fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •  Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •  Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en","source":"EDPB News"},{"url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en","source":"EDPB News","description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a 900 000 € fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •   Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •   Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","id":2130472,"pubDate":"Wed, 21 May 2025 15:52:14 +0200","titre":"The French SA fines SOLOCAL 900 000 €"}]