Managing Tracking Technologies and Their Privacy Dilemmas in 2025

The growing use of tracking technologies, such as cookies, pixels, web beacons and chatbots, has and will continue to lead to increased scrutiny from regulators and courts. Common website practices are scrutinized under various laws, including wiretap laws like the California Invasion of Privacy Act, privacy laws like the CCPA, and HIPAA, with inconsistent or even directly contradictory court rulings. In this guest article, Bass, Berry & Sims members Alex Davenport and Roy Wyman explore legal and regulatory developments around use of tracking technologies and offer practical compliance and operational measures to take to avoid potential liability. See this four-part series on tracking technologies: “Privacy Regulation, Enforcement and Risk” (Jan. 17, 2024), “A Deep Dive on What They Are and How They Work” (Jan. 31, 2024), “A 360‑Degree Governance Plan” (Feb. 21, 2024), and “Compliance Challenges and Solutions” (Apr. 17, 2024).

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