General Business Science, Computers & Technology Consumer Protection

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Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has...more

Iowa Adds AG Data Breach Notice Requirement

On April 3, Iowa Governor Terry Branstad signed SF 2259, which amends the state’s data breach notice law to add a requirement that businesses that experience a data breach notify the state attorney general’s office within...more

FTC Still In Charge Of Privacy Enforcement: Ten Lessons From Wyndham

The Federal Trade Commission (FTC ) is the most active and aggressive federal government agency to investigate and enforce data privacy and security laws against businesses. Section 5 of the FTC Act empowers the agency to...more

Iowa Breach Notification Law Now Requires AG Notification, Applies to Paper Records

Iowa recently joined an increasing number of states that require notification of state regulatory authorities following a breach, as well as a handful of states in which paper records can trigger notification obligations....more

Privacy in Latin America and the Caribbean

With the enactment or implementation of several new data privacy laws in the past couple of years, the privacy landscape in Latin America and the Caribbean continues to change dramatically. Twelve countries in the region now...more

Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

Many Lessons for Companies to Learn After the Target Data Breach

The red bull’s-eye. Even shoppers that don’t frequent Target know the retailer’s ubiquitous logo. But what many holiday shoppers — both loyal Target customers and casual visitors to the trendy discount store — didn’t...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter

Welcome - We are pleased to provide you with the Spring edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. As stated in our inaugural issue, this newsletter provides updates on important...more

Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements And More!

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic...more

Digital Privacy Act To Reform Canadian Privacy Laws

On Friday, April 4, 2014, the Hon. James Moore, Canadian Minister of Industry, announced the launch of “Digital Canada 150.” As part of the Digital Canada 150, the Government of Canada intends to introduce a Digital...more

Stop Phoning It in on Mobile Security: What Your Business Needs to Know About the FTC’s Settlements with Fandango and Credit Karma

If you’re like most Americans, you probably think that the worst thing that Fandango, the online movie ticket service, has ever done to you is make you watch those commercials with the creepy talking paper bags before your...more

Preparing For A Digital Armageddon

We are under attack. Whether it is cyber-theft, cyber-terrorism, or cyber warfare, critical systems that generate and distribute electricity on the grid, control commercial aircraft in flight, process bank and credit ...more

Top 5 Changes For Online Sales

Italy finally implemented the new Consumer Rights Directive which introduces major changes in online contracts aimed at better protecting consumers, impacting also on the Internet liability regime for entities selling...more

When Can Online Terms of Use and Privacy Policies Be Changed?

Recently, a California court dismissed a plaintiff’s claims that Instagram’s updated Terms of Services constituted a breach of the covenant of good faith and fair dealing implied in all contacts because Instagram took...more

How to Secure Information Systems: The Growing Complexity of the Legal Landscape

While businesses take a more cautious approach to how they handle IT security threats, these are becoming increasingly complex and sophisticated. Denial-of-service attacks, software tampering (e.g. computer viruses and Trojan...more

Risky Business: Target Discloses Data Breach and New Risk Factors in 8-K Filing… Kind Of

After Target Corporation’s (NYSE: TGT) net earnings dropped 46% in its fourth quarter compared to the same period last year, Target finally answered the 441 million dollar question – To 8-K, or not to 8-K? Target filed its...more

Do Not Forget to Lock the Backdoor: Adopting a Holistic Approach to Cybersecurity

While cybersecurity has traditionally focused on blocking attacks from the outside through perimeter defenses (e.g., firewalls, intrusion detection, penetration testing), unfolding facts concerning the recent Target data...more

Australia Changes Privacy Act to Apply to Foreign Websites

Effective March 12, 2014, Australia will adopt new legislation which will require compliance by Canadian businesses that have a website and collect personal information from Australians, or have an Australian link. Software...more

Personal Data Transfers from the European Economic Area: Binding Corporate Rules Emerge as Increasingly Attractive Option

It is difficult to recall a time when the issue of personal data transfers from the European Economic Area ("EEA") has been as widely and hotly debated as it has over the past year or so. Significant movements during the past...more

Cyber breach insurance: What, me worry? - Part of counsel’s job may be to ensure that the department in the company that “owns”...

One of us recently asked an in-house counsel friend in charge of litigation for a major company what questions he had about cyber insurance. His response, besides a blank look, was “I’m sure someone else in the company...more

Consumer Rights Directive: Significant implications for online businesses with effect from 13 June 2014

The EU Consumer Rights Directive (2011/83/EC) will bring into effect, from 13 June 2014, significant changes to German consumer rights. The aim of the Directive is to standardise national legislation across member states,...more

Congress Steps Up its Scrutiny of Data Brokers

In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and...more

New Payment Card Technology Finally Coming to US? Target Takes the Lead

In the wake of the recent massive data breaches suffered by Target and Neiman Marcus, many banks and retailers have renewed the call for a change in the way that consumers in the United States pay for goods and services. ...more

Protests Against Surveillance and New Rules on Transparency

Today, February 11, is a digital day of protest against surveillance by the National Security Agency. Billed ‘The Day We Fight Back“, participants in the protest range from activist groups to the Reform Government...more

Capital Thinking: Cybersecurity

Data Breach - This week, several Congressional Committees will hold a number of hearings focused on the recent data breaches at Target, Neiman Marcus and other large companies that compromised the financial information...more

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