1. In recent years, many companies have incorporated technological tools commonly referred to as “tracking pixels” into their online operations and marketing and advertising activities. Common examples include Google Tag, Meta Pixel and TikTok Pixel.
2. These tools are embedded in websites and enable the collection and analysis of information about users’ interactions with the website, including for purposes of measuring website performance, analyzing patterns, improving the purchasing process and targeting advertising. The nature and scope of the information transmitted to the providers of these technologies vary depending on the tool used, the manner in which it is implemented on the website, the settings selected and the actions taken by the user.
3. Against this backdrop, there has recently been a surge in motions to certify class actions against companies that use tracking pixels on their websites.
4. The motions allege that the operation of these tracking pixels results in the collection and disclosure of users’ personal information to third parties (including the technology companies that provide the relevant tools), in a manner that infringes users’ privacy and violates the Protection of Privacy Law, 5741-1981. Among other things, it is alleged that the information may include personal details and browsing, search or purchase data, and that in many cases such information is disclosed without users’ informed consent.
5. These proceedings raise a number of issues concerning the manner in which tracking pixels are deployed, including:
- The mapping and nature of the information transmitted;
- The timing of pixel activation and the scope of the disclosures made to users, including through the privacy policy published on the company’s website;
- Whether users are given a choice on the website, the form of consent obtained from them and the extent to which their choices are actually implemented.
- Our firm represents a number of respondents in proceedings of this kind.
6. We are available to assist companies facing motions to certify class actions concerning these issues, as well as companies seeking to review proactively their use of tracking pixels and other website tracking technologies.
This publication is provided as a general service to the firm’s clients and friends and does not constitute a substitute for specific legal advice. We do not recommend taking action based on the information above without obtaining legal advice from qualified professionals, based on the specific facts and circumstances of each case.
