General Business Privacy

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Key priorities of the Privacy Commissioner of Canada in 2017

The privacy law regime in Canada affects any organization whose business involves dealing with the personal information of Canadians. Canada’s main private sector privacy legislation is the federal Personal Information...more

New Mexico On the Brink of Passing Data Breach Law

On March 15, 2017, New Mexico's Senate passed H.B. 15, which would create the state's first data breach notification law. New Mexico is currently one of only three states (including Alabama and South Dakota) without a data...more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the...more

Incident Response Plans: A How-To Guide

The best way to handle any emergency is to be prepared. When it comes to data breaches incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

French Competition Authority Determines That Certain Information Exchanges Are Acceptable

The decision gives useful guidance on what type of information exchanges are compatible with antitrust rules - Key Points: ..The extent and the types of information that can be exchanged between competitors without...more

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC....more

New York Regulations Heighten Need for Due Diligence and Cyber Insurance Coverage

Cybersecurity rules from the New York Department of Financial Services (DFS) went into effect on March 1 and now banks and insurers are faced with an increasing level of potential legal exposure for data breaches. This...more

Subject Access Requests: "not an obligation to leave no stone unturned"

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Know the Risks of a Cyberattack on Your Third-Party Service Providers

Names, emails, credit card numbers, and home addresses: chances are good that your business collects client data with information that is valuable to hackers on the black market. A hacker will at some point try to access...more

EU Data Privacy Rules and Penalties Reach America: Are You Ready?

What is European Data Privacy Law and why does it impact California and other U.S. based companies? The Charter of Fundamental Rights of the European Union, Article 8, protects everybody’s personal information. ...more

Companies May Soon Have a New Defense Against Cyber-Attacks

The Active Cyber Defense Certainty Act is a new bill that is gaining positive bipartisan support and significant interest from business communities, lawmakers and academics. The proposed bill amends the Computer Fraud and...more

Home Depot Settles with Financial Institutions

A federal judge has preliminarily approved a proposed settlement of $25 million between Home Depot and financial institutions that issued payment cards that were affected by the Home Depot data breach in 2014. This proposed...more

Am I Covered Now!

The cybersecurity breaches rippling through the global economy create enormous costs for the affected businesses and organizations. As a result, many companies are focusing increased attention on obtaining insurance coverage...more

Wendy’s Executives and Board File Motion to Dismiss

We previously reported that Wendy’s was hit with a putative class action shareholders’ derivative suit in December following its data breach in 2016. Late last week, the executives and Board of Wendy’s filed a Motion to...more

German Corporate Law Update: Important Changes in Acquisitions and Investments

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – March 2017

Spanish Ministry of Justice Launches Public Consultation on GDPR. On February 7, 2017, the Spanish Ministry of Justice launched a public consultation as a preliminary step before drafting a new bill implementing the General...more

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

German Corporate Newsletter - March 2017

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

Automated Vehicles Will Revolutionize the Automotive Industry

A renaissance of epic proportion is quietly underway in the United States, where 4,000-pound objects will soon be motoring alongside us on freeways, through intersections, crosswalks, and school zones without a driver. Ground...more

Connected Cars and Data Privacy: Global Regulatory Challenges

With the EU General Data Protection Regulations (GDPR) coming into effect in 2018, manufacturers and suppliers in the connected cars ecosystem – both within Europe and in other countries who could be handling European data –...more

First Delivery Drones; Now Floating Warehouses

Amazon continues its claims to further innovation in the on-demand delivery space. Its latest patent attempts to give a “lift” to that quest. The USPTO very recently awarded Amazon a patent for giant warehouse blimps that...more

Top Trends in Business Law that You Need to Know for 2017

Macy’s and Kmart are each closing a Lansing, Michigan location – but did you know that in general, retail spending is up? It’s easier than ever to collect customer data, but business owners beware: you need to...more

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Cybersecurity

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