However, if there are material changes to the types of personal information collected, how that information is used and/or how that information will be shared/sold, then notice and consent is required. For such material changes, an email should be distributed to consumers, where possible. Further, consumers must also provide affirmative consent by checking an unchecked box on a web page in order to authorize changes that affect the use of their data.
Most online businesses will need to change their privacy policies at various times in order to reflect changes to their data collection, use and sharing practices, as well as to comply with evolving privacy laws. It is essential, however, that businesses provide the requisite notice, and obtain valid consent, from their existing users in order to use data in materially different ways. Given the significant liability that exists for failing to comply with notice and consent requirements, businesses must consult with experienced counsel to ensure that they comply with applicable consumer privacy regulations.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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