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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

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Unclassified or misclassified cookies cause significant risk, potentially exposing businesses to:

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Violation of state privacy law requirements for targeted advertising, sales and sharing

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Unfair and deceptive trade practice claims To mitigate these risks, each cookie on your website must be accurately classified.

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To mitigate these risks, each cookie on your website must be accurately classified.

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Our SmartCookies cookie classification service provides an efficient, up-to-date and reliable inventory of each cookie on your website, leveraging our extensive privacy compliance experience to help you manage cookies more efficiently.

Using a proprietary database maintained by our attorneys, combined with a streamlined process carried out by our technology staff, we identify and analyze your cookies to provide reliable and cost-effective answers on how to classify them.

Whether a cookie vendor may be classified as a service provider or a processor under state law

Whether the use of each cookie requires an opt-out

How to sort each cookie according to the function-based categories used by many cookie consent tools

Where to find cookie vendors’ data processing terms to maintain copies in your records

We scan the website and prepare a report with advice on each vendor’s terms and settings, the functionality of each cookie, and opt-out requirements.

We deliver the report to you so that you can accurately assess and mitigate cookie-related risks.

What types of companies can benefit from this service? Companies subject to any of the 19 U.S. state comprehensive privacy laws (CCPA, VCDPA, TDPSA, etc.) or those looking to reduce the risk of “wiretapping” or other cookie-related claims. This service can also be used for compliance with some other cookie requirements (e.g., the EU’s GDPR and ePrivacy Directive).

What makes the SmartCookies service different from other cookie scans? Other cookie scan services merely list the cookies on your website. SmartCookies not only identifies cookies but also helps you figure out how to manage them by including detail on opt-outs, classifications, vendor settings and contracts.

What is the source of the information in the report, and how is it vetted? The primary source for the report is the proprietary SmartCookies database built and maintained by BakerHostetler’s privacy lawyers. The attorneys review each report before it is delivered to you. If we do not have information on your cookies within our database, our attorneys will research the cookies and include their analysis in the report.

How often should we use this service? It depends on the nature of the site, your industry and your practices relating to online tracking technologies. Using the service once per quarter is a good rule of thumb for many businesses.

Which of my webpages would be included in the report? Reports are prepared on a per-domain basis and typically include all sub-pages under the domain. For example, if you have separate domains for different brands, those would be evaluated separately.

What happens after we receive the cookie report? You will want to review the recommendations and update your cookie management approach accordingly - for example, by confirming that opt-outs are provided where required. The information in the report can easily be used to update cookie classifications in most cookie management tools. If you need additional assistance with implementing our recommendations, testing to identify issues with functionality or negotiating with vendors, we would be glad to assist under a separate engagement.

What does this service cost? The SmartCookies service is designed to be cost effective, allowing our clients to maintain cookie classifications while staying on budget. Pricing depends on the number of cookies on the site and starts at $5,000.

SmartCookies™ Cookie Classification Service

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