Managing Tracking Technologies and Their Privacy Dilemmas in 2025

The growing use of tracking technologies, such as cookies, pixels, web beacons and chatbots, has led, and will continue to lead, to increased scrutiny from regulators and courts. Common website practices are examined under various laws, including wiretap laws like the California Invasion of Privacy Act, and 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 some of the more recent legal and regulatory developments around use of tracking technologies, and offer practical compliance and operational measures to implement 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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