General Business Science, Computers & Technology Consumer Protection

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Financial Services Law - July 2015

Treasury Department: Tell Us More About Online Marketplace Lending - Why it matters: Raising the possibility of regulation, the Department of the Treasury has published a Request for Information (RFI) regarding...more

Nevada, Washington and North Dakota Expand Data Breach Definition and Notice Requirements

Continuing the trend of states expanding their data privacy laws, companies that store and transmit personal information about residents of Nevada, Washington and North Dakota must now take note of additional data-element...more

Communications Networks – update on UK and EU regulatory reviews

In March, Ofcom announced its decision to undertake a strategic review of the telecommunications sector, having not carried out such a review since 2005. In parallel, the EU is currently reviewing regulation within the...more

FCC Releases New Clarifications Regarding the TCPA

On July 10, the Federal Communications Commission (“FCC”) released the text of a Declaratory Ruling and Order, initially adopted on June 18, that provides various clarifications regarding the Telephone Consumer Protection Act...more

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing...

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity...more

FFIEC’s Cybersecurity Assessment Tool: Guidance for CEOs and Boards - Senior Management and Boards Should Be Actively Addressing...

The Federal Financial Institutions Examination Council (FFIEC) released a Cybersecurity Assessment Tool (CAT) on June 30, 2015, to assist organizations in identifying cyber risks and assessing their cybersecurity...more

Alert: FTC Releases New Data Security Guide: 50 Mistakes to Avoid in 10 Lessons

The Federal Trade Commission (FTC) has brought over 50 cases against companies that put consumer data at unreasonable risk. On June 30, 2015, the FTC released a guide titled Start with Security that summarizes 10 lessons the...more

Password Management Company LastPass Discloses Security Breach

We know it’s hard to keep track of passwords. A good security practice is to use different and complex passwords across different platforms, but it is so hard to keep track of all of them. That’s why password management...more

Guiding Opinions to Promote Healthy and Rapid Development of Cross-Border E-Commerce

The Chinese e-commerce industry is rapidly expanding, and the nation is the world’s second largest online retail market. The business-to-consumer industry in particular is expected to see record growth in the next few years....more

Visa And MasterCard: Card Issuers May Disclose Breached Merchant Names

Credit union and other card issuers got clarification from Visa and MasterCard this month on when they are contractually permitted to disclose the identities of merchants involved in data breaches. In substantially similar...more

The EU’s S-L-O-W March Towards a Uniform Data Protection Regime

The European Union (EU), comprised of 28 member states, currently has a patchwork of privacy and data protection laws, based on the EU’s 1995 Data Protection Directive. This mix of laws has led to inconsistent data...more

Nevada and Wyoming Expand Breach Notification Laws to Protect Account Credentials

On July 1, 2015, both Nevada and Wyoming’s breach notification law amendments come into force, expanding the definition of Personal Information (“PI”) to include account credentials such as a username or email address. With...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

EU Council Agrees Draft Data Protection Regulation

On 15 June 2015 the EU Council of Ministers (Council) reached a General Approach to the long-awaited draft Data Protection Regulation (DPR), bringing Europe one step closer to a single, harmonised set of data protection rules...more

California’s Data Breach Laws

Almost all U.S states have laws about data security and what to do when there’s a data breach. California’s was the landmark law, first taking effect in 2003. Here is what California requires. Who The Laws Apply To....more

Outsourcing by Canadian Companies after the USA PATRIOT Act

Wondering about outsourcing your data to the U.S.? What follows is an update to one of our most popular posts: Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act, originally written in January 2013....more

Amendments to Japan METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

Connecticut Requires Free Credit Monitoring for Certain Breaches

For nearly a decade, the Connecticut Attorney General (“AG”) has requested or encouraged companies to provide at least two years of free credit monitoring to Connecticut residents following breaches involving information...more

Staying Out of the FTC’s Data Security Cross-Hairs

As the Federal Trade Commission acknowledges in a recent blog post, no company wants to discover that its data security practices are under federal investigation. Yet any company that collects, uses or maintains consumer data...more

EU Consumer Rights Directive is in effect: 9 highlights for distance selling

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262...more

NY DFS Reveals Final BitLicense Requirements for Digital Currency Firms

On June 3, New York’s departing superintendent of financial services, Benjamin Lawsky, revealed that the agency has adopted final regulations of the BitLicense, the regulatory framework in which digital currency firms operate...more

Connecticut Data Breach Law About To Get Tougher

This past Monday, Connecticut legislators voted unanimously to approve two new changes to Connecticut’s breach notification law. Senate Bill 949 will require businesses to (1) provide at least one year of identity theft...more

Applying the Video Privacy Protection Act to Online Streaming

Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more

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