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Director Cybersecurity Risk Oversight and Actions

This article begins by providing an overview of the duty of directors to oversee risk, including cybersecurity risk, in the cyberattack context and then outlines actions that board of directors are taking as reported by...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

State Breach Notification Laws Continue To Change

State breach notification laws continue to be amended to (1) provide for notification of a state attorney general or regulator about a breach in addition to affected individuals, (2) cover breaches involving personal...more

California Department of Justice Seeking Information on California Transparency in Supply Chains Act Compliance

The California Department of Justice is sending companies informational letters regarding their compliance with the California Transparency in Supply Chains Act....more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

Guidance for Incident Response Plans

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

The CFPB issues proposed rules on prepaid products

After issuing an advanced notice of proposed rulemaking regarding general purpose reloadable cards in May 2012, the US Consumer Financial Protection Bureau (‘CFPB’) issued proposed rules on prepaid products in November 2014....more

New Foreign Investment Filing Requirement in Effect - Why, Whether and Which BE-13 to File

The U.S. Bureau of Economic Analysis recently launched the BE-13, Survey of New Foreign Direct Investment in the United States. There are civil penalties, injunctive relief and criminal penalties for failing to file BE-13...more

CFPB Issues Proposed Rules for Prepaid Products

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) proposed new rules for prepaid accounts, to be effectuated through amendments to the regulations implementing the Electronic Fund Transfer Act and the...more

Quirky Question #243 – More on Breach Notification Laws

Quirky Question: Can you tell me what has been happening in California regarding breach notification laws? Answer: Continuing the trend of changes in state breach notification and related laws, Cal. A.B....more

California Privacy Laws Change: Identity Theft and Mitigation Services

Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California’s breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data...more

10/10/2014

California Privacy Laws Change: Identity Theft Prevention and Mitigation Services

Continuing the trend of changes in state breach notification and related laws, Cal. A.B. 1710 amends California's breach notification, security procedures, and Social Security number (SSN) laws in the wake of significant data...more

The Return of BE-13, Survey of New Foreign Direct Investment in the United States

Effective September 15, 2014, the Bureau of Economic Analysis (BEA) at the U.S. Department of Commerce is reinstating the reporting requirements for the BE-13, Survey of New Foreign Direct Investment in the United States,...more

Quirky Question #240, Breach Notification Laws

Question: Our company has employees and operations in multiple states, and I’m concerned about complying with data breach laws in the various locales. What’s the status of the law on data break...more

Changes in State Breach Notification Laws

As data breaches continue to occur, breach notification laws are being amended or enacted. In the United States, state and federal breach notification laws should be monitored carefully regarding changes, as should breach...more

Canada's Anti-Spam Legislation

Canada will begin regulating commercial electronic messages beginning July 1, 2014, under its new anti-spam legislation, commonly known as Canada's Anti-Spam Legislation (CASL). Under CASL, a commercial electronic message is...more

3/3/2014  /  Anti-Spam Legislation , Canada , CASL , Spam

Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more

New Study on Social Media, Its Risks and Rewards

My partner, Melissa Krasnow, contributed to the new white paper on social media published by our friends at Grant Thornton. Melissa has established herself as a leading expert in the field of data privacy and I’ve previously...more

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