General Business Privacy Communications & Media

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Privacy Tuesday: August 2014 #2

There is another retail data breach to talk about in this Privacy Tuesday post – privacy & security bits and bytes to start your week....more

Canada’s Anti-Spam Legislation (CASL) Now in Effect

The purpose of this Client Advisory is to address the risks associated with sending commercial electronic messages without complying with the provisions of the Canada Anti-Spam Legislation of 2014 (the "CASL"), which was...more

New Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data Breaches

The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more

Websites and Apps Have More COPPA Options

The Federal Trade Commission (FTC) recently approved an additional method for website operators and mobile application ("app") developers to obtain parental consent to collect identifying information from children. It also...more

FTC Publishes revised COPPA FAQs, clarifies parental consent methods

The FTC has issued three new FAQs clarifying the “verifiable parental consent” requirements under the COPPA Rule. In one of the revised FAQs, the FTC reiterates that the COPPA Rule’s list of parental consent methods is...more

COPPA Update: FTC Provides More Flexibility on Obtaining Verifiable Parental Consent

Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the “new” COPPA. In its recent update to three FAQs in Section H (Verifiable...more

New COPPA Guidance from FTC Significant for Apps and Platforms

The FTC has updated its guidance regarding compliance with the Children’s Online Privacy Protection Act (COPPA). Amendments to its Frequently Asked Questions reveal a softened position on using credit cards to verify parental...more

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Storming the CASL - Your email to Canada may now be against the law

Canada’s Anti-Spam Legislation (CASL) took effect July 1, 2014. CASL prohibits sending commercial electronic messages (CEMs) such as email, to parties in Canada without consent. If you don’t have consent or fall under one of...more

California May Soon Be Calling You

Recently California amended its privacy laws requiring website privacy notices for businesses outside California’s borders. If your business operates a commercial website that collects consumers’ personally identifiable...more

Doing Business in Canada: Privacy

Canada has enacted generally applicable privacy laws that govern most private sector activities. Each province and the federal government also have privacy and freedom of information legislation that governs government...more

Federal Court Undresses Urban Outfitters in Personal and Advertising Injury Coverage Dispute

In OneBeacon America Ins. Co. v. Urban Outfitters Inc., 2014 WL 2011494 (E.D.Pa. 2014), the Eastern District of Pennsylvania analyzed the application of “personal and advertising injury” coverage to alleged violations of...more

Ninth Circuit Rules That Redbox's Collection of Customer ZIP Codes Falls Under "Deposit" Exception to California's Song-Beverly...

In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's...more

Florida Passes New Data Breach Notification Law Requiring Enforcement of Civil Penalties For Untimely Notice

Personal information now includes online account information, health insurance policy numbers, and medical information - Florida Governor Rick Scott signed into law the Florida Information Protection Act of 2014...more

Canada Targets Commercial Email; Crackdown Perilous to US Companies

After years of enduring a reputation as a haven for spammers, Canada has enacted one of the toughest anti-spam laws in the world. Canada’s Anti-Spam Law (“CASL”), which goes into effect on July 1, 2014, strictly regulates...more

Government Officials Continue to Reference NIST Framework

On Thursday, June 12, 2014, while delivering remarks on cybersecurity at the American Enterprise Institute in Washington, D.C., Federal Communications Commission Chairman Tom Wheeler challenged businesses to be more proactive...more

The Transitional Period & Implied Consent Under CASL

If the term “CASL compliance” is giving you a nervous twitch, you’re not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada’s Anti-Spam Law (CASL), whose official title says it all -...more

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

Malvertising: Senate Committee Releases Report

Terms like “web security” and “data breach” are now familiar to most Americans in light of recent, significant issues with the websites and databases of some large U.S. companies. But web security encompasses more than just...more

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

Big Data Has its Pluses, But Concerns Over its Minuses Are Growing

Suddenly, big data is everywhere. Whether it’s the controversy created by Edward Snowden’s release of classified documents from the National Security Agency, which put a glaring spotlight on the U.S. government’s collection...more

Top 10 Privacy Considerations for Digital Marketing Campaigns

In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral...more

California AG Issues New Privacy Policy and “Do Not Track” Compliance Guidelines, Announces Proactive Enforcement

The California Attorney General recently released a series of guidelines to assist with compliance with the California Online Privacy Protection Act of 2003 (CalOPPA), which was amended to require new data collection and Do...more

Legal Information Bulletin: Canada’s Anti-Spam Legislation

Canada’s Anti-Spam Legislation (CASL) is coming into force on July 1, 2014. The purpose of this law is to help regulate commercial conduct by prohibiting certain commercial activities that are performed through electronic...more

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