Photo of Jennifer Archie

A 20-year member of the Washington, D.C. Litigation Department, Jennifer Archie advises some of the largest online brands and US corporations on a broad array of privacy and data security matters, investigations, and lawsuits. Her specific areas of expertise and interest include representing companies before the US Federal Trade Commission in response to agency investigations of consumer marketing or privacy practices, defending privacy and deceptive practices lawsuits, rendering practical privacy and security advice for global companies in consultation with her colleagues in Europe and elsewhere, advising on individual marketing and promotional campaigns with a special focus on social media and social gaming, and advising global businesses on (authorized) data collection, use, storage, and export practices.

The recently released reports from the U.S. Department of Commerce and the Federal Trade Commission have focused important, and much needed attention, on privacy policies and legal compliance. Unfortunately, much of the substance is aspirational, rather than immediately operational. So, with the benefit of our collective client experience, we offer the following “Naughty or Nice” Checklist to get your privacy disclosures and practices in good shape in the new year.

  1. Get serious about European Union directives and laws.
    1. Cross border

In a long anticipated report entitled Protecting Consumer Privacy in an Era of Rapid Change, a divided U.S. Federal Trade Commission focused on raising consumer awareness and soliciting industry feedback on online tracking and behavioral advertising. Industry is portrayed as “too slow” to improve privacy practices in this arena. The report proposes a normative framework for how companies should protect consumer privacy, which is designed to serve “as a policy vehicle for approaching privacy.”

While the report solicits industry