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Target Data Breach Price Tag: $252 Million and Counting

In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred in 2014 relating to its 2013 data breach totaled over $191 million. Those...more

Eye on Privacy Newsletter - February 2015

In this issue: - Privacy and Data Security in Transactions: What's the Deal? - Consumer and Financial Institution Class Actions Survive Motions to Dismiss in Target Data Breach Litigation - California Amends...more

Cyber Risk as a Regulatory Issue: Tales of Encryption

Spurred by the prescient reporting found in this space (and, just maybe, by the Anthem data breach, which occurred a week later), insurance regulators have recently engaged in a flurry of regulatory activity relating to cyber...more

Privacy commissioner to audit 21 privacy policies for compliance: it may be you!

The Australian Privacy Commissioner (Commissioner) is preparing to conduct an assessment of 21 online privacy policies at random. The Commissioner also noted: "[we've] been talking for a long time about the need to build...more

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

Update on President Obama’s “Summit on Cybersecurity and Consumer Protection,” Part II: The Executive Order

As a follow up to our summary of the key takeaways from the White House’s first Summit on Cybersecurity and Consumer Protection, the centerpiece of which was President Obama’s signing of a new Executive Order, “Promoting...more

Cybersecurity Insurance – One Size Does Not Fit All

With headlines of data breach incidents becoming a weekly, if not daily occurrence, it’s not surprising that many companies are considering whether they should purchase cybersecurity insurance, if they haven’t already. The...more

With Self-Driving Vehicles on the Forefront, Companies Should Consider Cyber Insurance Coverage Options

As we move closer to a world of self-driving cars, it is important for companies involved in their manufacture to consider cyber insurance policies to provide coverage for the risks brought by this new technology....more

Trends To Watch In Cyber Liability and Reputational Insurance

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber...more

Going for Brokerage: SEC Report Highlights Best (and Worst) Practices in Cybersecurity Preparedness

On February 3, 2015, the U.S. Securities and Exchange Commission released a Risk Alert addressing cybersecurity issues at brokerage and advisory firms, along with suggestions to investors on ways they can protect themselves...more

Government, Businesses Prioritize Cybersecurity Spending

If spending is a good indicator of shifting priorities for both business and government, then cybersecurity is quickly becoming priority number one. Last week, the White House announced a proposed 10 percent increase...more

First Steps if You Receive a CASL Enforcement Notice

There have been a disappointing lack of publicly-reported enforcement actions under Canada’s Anti-Spam Legislation (CASL) since it came into force in July 2014 – in fact, to date there has only been one. Given the ambiguity...more

SEC Releases Results of Cybersecurity Examination Sweep

On February 3, 2015, the Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a Risk Alert summarizing findings from its examinations of over 100 registered...more

UK Government Issues Additional Cyber Security Guidance

The UK Government has issued additional guidance for organisations to help them protect themselves against a cyber attack. The new guidance supplements the previous guidance by setting out what common cyber attacks look like...more

A Guide to the Internet of Things

With the Internet of Things (“IoT”) comes yet another technology-driven advancement that challenges businesses with promising opportunities and potentially vexing responsibilities. In particular, manufacturers and retailers...more

California Prosecutors Settle PHI Breach with Retailer

Beginning in 2012, California environmental regulators and others began investigating the grocery store chain Safeway relating to the company’s waste disposal practices. During the investigation, certain documents listing...more

UK's Information Commissioner's Office Enters Corrective Action Agreement With Shoe Retailer For Data Breach

On January 19, 2015, the United Kingdom’s Information Commissioner’s Office (“ICO”) — an independent UK body created to uphold information rights — published a corrective action agreement with shoe retailer Office Holdings...more

Make A New Year's Resolution To Improve Your Privacy Act Compliance Or Risk A Privacy Commissioner Investigation Or Worse

It is ten months since the amendments to the Privacy Act 1988 (Cth) and the new Australian Privacy Principles (APPs) (collectively "Privacy Act") came into effect. As noted in our update The Australian Privacy Act Amendments...more

"California Consumer Class Actions: What CashCall Means for Businesses in Privacy Cases"

The California Invasion of Privacy Act (CIPA) imposes criminal penalties on anyone who intentionally "eavesdrops upon or records [a] confidential communication" in California without the consent of all parties to the...more

Client Alert: Congress Discusses Federal Data Breach Laws

Earlier this week, the U.S. House of Representatives’ Subcommittee on Commerce, Manufacturing and Trade held a hearing during which there was a discussion of a Congressional proposal for a federal data breach statute. ...more

President Obama Proposes Legislation to Nationalize Data Breach Notification Standard

2014 was the year of the data breach as several large, high profile breaches occurred, including EBay, Target, and Home Depot, that affected the personal data of millions of Americans.  On January 12, 2015, President Obama...more

Data Breach Preparedness Continues to Lag

A recent study by an independent research institute suggests that the increase in companies’ efforts to prepare for data breaches may not be keeping up with the increased risk. A September 2014 report by Ponemon Institute LLC...more

“Toubon Law” 20 Years On: The Cyber Economy and France’s Law on the Mandatory Use of the French Language

In 1994, France implemented a law, known as the “Toubon Law” after France’s then-minister of Culture, Jacques Toubon, to preserve the French language, protect French consumers and promote French culture. At the time, the...more

(Un)Safe Harbor and Cloud Services in Germany Under Scrutiny

On Wednesday, Jan. 29, 2015, Berlin Data Protection Commissioner Dr. Alexander Dix, speaking at the European Data Protection Conference in Berlin, made a number of important announcements regarding the EU/U.S. Safe Harbor...more

FRANCE: CNIL Adopts New “Compliance Pack” for the Insurance Sector

In November 2014, the French Data Protection Authority (“CNIL”) issued a new “compliance pack” for the insurance sector, following consultations with trade associations. Written by Carol Umhoefer and Mathilde Hallé...more

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