They seem to come earlier every year, don’t they? Grab your seasonally spiced latte and huddle around the bonfire to read the final version of the Insurance Data Security Model Law (Data Security Model) adopted by the...more
A year from today, radical changes to data privacy laws in the European Union will come into effect. Businesses should start preparing now, given the significant changes. The General Data Protection Regulation (GDPR) will...more
In the aftermath of the WannaCry ransomware attack, all organizations should take the opportunity to examine their cybersecurity protocols with an eye for optimizing practices and mitigating risks. We've outlined action items...more
A September 12, 2016 decision out of the U.S. Court of Appeals for the Sixth Circuit adds new fuel to an ongoing legal debate: when a data breach places a business’s sensitive customer information into the hands of hackers,...more
On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more
The FCC has circulated a Notice of Proposed Rulemaking (NPRM) on privacy rules for Internet Service Providers (ISPs). If approved, it would affect the use of consumer data by ISPs and telecommunication companies.
The FCC...more
After months of negotiations with the U.S. government, the European Commission (the EU’s executive arm) has announced a new scheme for data transfers, the EU-U.S. Privacy Shield. This is intended to replace the Safe Harbor...more
The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more
10/13/2015
/ Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
Model Contracts ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
It’s fair to say that the opinion by the Third Circuit Court of Appeals in FTC v. Wyndham was a set-back for Wyndham, but for businesses it may be just the right wake-up call....more
On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more
7/24/2015
/ Article III ,
Breach of Contract ,
Class Action ,
Data Breach ,
Federal Rule 12(b)(6) ,
Hackers ,
Identity Theft ,
Invasion of Privacy ,
Negligence ,
Neiman Marcus ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has released a guide for businesses with practical tips and advice to help organizations better secure their data. The guide, Start With Security, draws on more than 50 data security...more
The U.S. House Energy & Commerce Committee took the first steps recently to establish a federal law that would cover actions that companies need to take to secure consumer data. ...more
On September 30, 2014, California Governor Jerry Brown signed into law an expansion of current California data breach laws. The bill, AB 1710, which was introduced in the wake of several high-profile data breaches, builds on...more
On September 19, 2014, House Intelligence Committee Chairman Mike Rogers followed up on comments he and Senate Intelligence Committee Vice Chairman Saxby Chambliss made last week concerning the prospects for cybersecurity...more
On September 18, 2014, Senators Orrin Hatch, Dean Heller and Chris Coons introduced "The Law Enforcement Access to Data Stored Abroad Act" (LEADS), a bill that would amend provisions in the Electronic Communications Privacy...more