General Business Privacy

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NYDFS to Collect Data on Cyber Security, but Could Hackers Use This Database as a Road Map to Launch Targeted Attacks?

On March 26, 2015, the New York State Department of Financial Services (NYDFS) announced that it is broadening the scope of questions and topics in its current information technology (IT) examination framework. In addition,...more

Congress Makes Progress On Legislation To Encourage Cyber Threat Information Sharing

In the past few weeks, Congress has made notable progress towards passage of legislation to address the sharing of cybersecurity threat information. On March 18, the Senate Select Committee on Intelligence approved the...more

Seven Training Imperatives to Address Your Biggest Cyber Security Risk: Employee Behavior

One of your best defenses against a cyber attack? Your employees. Make sure they are trained on their role in protecting your organization. There are pros and cons to the digital world that we all live in. Pros include...more

You are What You Keep

Suffering a data breach is bad enough. As often as it appears to happen, companies that are affected by a breach still shoulder a considerable burden. Management must stop the trains to identify the cause and scope of the...more

FTC Advises That Mergers Don’t Eliminate Privacy Promises of Acquired Companies

The FTC recently posted comments on its business blog about the responsibility of companies to comply with privacy representations made to prior customers on how the companies will collect, use or disclose personal...more

Cyber Extortion: What to Do When Your Data is Being Held for Ransom

Imagine you are the IT systems administrator of a large corporation. Coffee in hand, you sit down one morning and log in. You receive a message that there has been an intrusion into the corporate database, a large amount of...more

Locke Lord QuickStudy: Montana and Wyoming Update Data Breach Laws

Montana and Wyoming have recently revised their data breach notification laws including their definitions of what constitutes Personally Identifiable Information (PII) subject to breach notification. ...more

Delaware’s “Computer Security Breaches” Law Needs an Overhaul

I suspect this may surprise most Delawareans. In 2005, Delaware Governor Ruth Ann Minner signed into law House Bill 116. That bill, now codified as 6 Del. C. §§ 12B-101 et seq., requires individuals or commercial entities,...more

Cloud Data Security Standards Reach New Heights?

Issues of data privacy and security are central to most cloud contract negotiations. While cloud service providers may be willing to take responsibility for the integrity of their networks, accepting obligations in relation...more

10 Tips for Fostering a Business Culture of Cybersecurity Awareness

Businesses are recognizing the need for new approaches to data security as high-profile cybersecurity incidents reveal the true impact a data breach can have on an organization. One of the biggest realizations is that IT...more

A New Cyber World Framework to Strengthen Agency Information Security

Manufacturers, defense suppliers and other federal contractors may benefit from a new cybersecurity law intended to safeguard agency information and help bolster defenses to future cyber threats. The Federal Information...more

FISMA II: A New Cyber World Framework to Strengthen Agency Information Security

As part of the Obama administration’s legislative efforts to safeguard government agency information, the Federal Information Security Modernization Act of 2014 (FISMA II) was recently enacted to fortify and update its 2002...more

Federal Court Holds that Data Breach Plaintiffs Have No Standing Unless They Show Misuse

Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015....more

Cybersecurity: Mitigating the Legal Risks of On-Line Banking With Business Customers

On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial...more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

Proposed Settlement in Target Data Breach Litigation

A proposed settlement has been reached in the multi-district consumer litigation Target faces following a data breach that compromised at least 40 million credit cards during the 2013 holiday shopping season. The settlement,...more

Update: Proposed Settlement in Target Data Breach Litigation

The proposed settlement agreement in the Target data breach consumer litigation that we reported on on March 19, 2015 has been approved by the judge, and a final approval hearing set for November 10, 2015. Based on this...more

The Next Big Thing: Enforcing Terms of Service in an Internet of Things World

While a universally accepted definition of the Internet of Things (IoT) does not yet exist, the phrase has been coined to refer to the ability of everyday objects to connect to the Internet and to send and receive data. Thus,...more

The Auto Industry: The Next "Big" Target for Hackers?

Given the exponential rise in security breaches and hacking activity in past few years and the almost constant headlines in the press of yet another major security breach, information security should be a front burner issue...more

NAIC Amps Up Cybersecurity Oversight

The NAIC has begun its efforts to amp up state insurance department oversight of cybersecurity practices with the release of two documents for public comment. The first, entitled Principles for Effective Cybersecurity...more

Drone on Drones: The Uncertain Line Between Commercial and Noncommercial Use

Under the FAA’s current framework, noncommercial uses of drones by hobbyists are not regulated outside of general safety restrictions. A drone hobbyist can use his or her craft as he or she wishes, so long as the drone is...more

Business information and data processing: tidbits on the draft Code of Conduct

On March 11, 2015 the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA“) initiated a public consultation on the draft Code of Conduct concerning the processing of personal data...more

Blog: HIPAA FAQ Series: Are Covered Entities Liable for Business Associates’ HIPAA Violations?

This post marks the beginning of a new series on this blog covering various frequently asked questions regarding the Health Insurance Portability and Accountability Act (HIPAA). ...more

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