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SettlementCritical RiskMultistate

Multi-State Settlement with Google for $17M Over Safari Cookie Circumvention

GoogleNovember 18, 2013New Jersey Attorney General

Penalty Amount

$17,000,000

Summary

New Jersey joined a multi-state settlement with Google alleging that Google circumvented Safari browser's default privacy settings to plant third-party cookies without user consent. Google agreed to pay $17 million and implement injunctive relief to prevent such conduct and improve transparency.

Remedy

Google must pay $17 million to the states, refrain from overriding browser privacy settings without consent, avoid misrepresenting cookie management options, and provide clearer information about cookies to consumers.

Monetary PenaltyConsent Decree

Contract Impact

In-house legal teams should review vendor agreements with advertising platforms (e.g., DoubleClick-like services) and customer-facing terms of service or privacy policies. Key clauses to examine include data sharing provisions, consent mechanisms for tracking (especially browser-based opt-outs), representations regarding compliance with browser privacy settings, and audit rights. Changes may be needed to explicitly prohibit circumvention of user browser preferences, mandate clear and functional opt-out tools, require transparency reports on cookie deployment, and incorporate indemnification for violations of third-party platform policies (like Safari's defaults). Data processing addendums with advertising partners should also be updated to reflect these restrictions.

Contract Search Terms

third-party cookie consentbrowser privacy settings overrideopt-out mechanismadvertising tracking clausedata processing addendumuser consent for trackingcookie deployment restrictionsprivacy by designtransparency in data collectionadvertising platform compliance

Violation Types

Entity Details

Entity

Google

Industry

Technology

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"Today's settlement with Google"
Fine Amount
"pay the participating states a total of $17 million"
Violation description
"circumvent the default privacy settings without the consumer’s knowledge or consent"
Event Date
"Date: 2013-11-18"

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CA

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