Recent privacy litigation against Shopify and the NBA highlights a shared theme: companies may face risk not only for what their websites say about privacy choices, but for how embedded technologies actually collect data behind the scenes.

In the Shopify case, a California federal court refused to dismiss claims alleging that Shopify collected California consumers’

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of their personal information and cryptocurrency portfolios.

The breach occurred in 2020 and affected Leger SAS cryptocurrency hardware wallets,