What are the legal implications of the use of cookies and other tracking technologies?

The use of cookies and other tracking technologies in West Virginia is subject to e-commerce law. Cookies are pieces of code that track user activity on an online website, such as remembering a user’s login information, or the items they have placed in their shopping cart. These tracking technologies also can collect personal information, such as a user’s name, address, and phone number. The use of cookies and other tracking technologies is subject to the provisions of the West Virginia Consumer Protection Act, which seeks to protect consumers from unfair or deceptive practices by businesses. Additionally, the West Virginia Computer Crime and Abuse Act prohibits activities which involve accessing or attempting to access computers, computer networks or computer systems without authorization or in excess of authorization. Because of the sensitive nature of the information that can be collected, companies must ensure that proper security measures are in place to prevent unauthorized access to a user’s personal information. Companies must also provide notice to consumers of the cookies that are being used and how the information is being used, and they must obtain a user’s consent prior to using and collecting their information. The use of cookies and other tracking technologies can result in legal liability if companies are not in compliance with applicable laws. Companies should ensure that proper security measures are in place, proper notices are provided to consumers, and that users are provided with the option to opt-in or consent to the tracking technologies. Failure to do so could result in legal consequences.

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What are the legal implications of the use of cookies and other tracking technologies?

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