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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

New York Attorney General Report Shows the Number of Data Breaches is on the Rise and Recommends Steps to Take for Protecting...

On July 15, 2014, the New York Attorney General issued a report examining the growing number and costs of data breaches in the state of New York. The report titled, “Information Exposed: Historical Examination of Data...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

Florida’s New Data Breach Notification Law And What It Means for Florida Businesses

The Florida Information Protection Act of 2014 (the “Act”) became effective July 1, 2014 and replaced Florida’s previous data breach notification law. Under the Act, all Florida businesses must take “reasonable measures to...more

A Legal Guide to Privacy and Data Security

A Legal Guide to Privacy and Data Security, a new book offering guidance on a wide variety of privacy and data security laws and how those laws may impact your business, is now available from the Minnesota Department of...more

Delaware's New Data Destruction Law Takes Effect January 1, 2015

Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take...more

EU Cloud Standardisation Guidelines

In November 2012, we wrote an Alert about the European Commission’s Communication on Cloud Computing intended, it said, to “… unleash the potential of cloud computing in Europe”. Sceptics were doubtful that the cloud...more

Florida Information Protection Act of 2014 Goes Into Effect; Regulator Notification Required

Effective July 1, 2014, Florida has repealed its existing data breach law in favor of a new, more stringent, law. Florida has joined the list of states requiring notice to regulators: specifically, an entity must notify the...more

Redbox Collection of ZIP Codes Does Not Violate Song-Beverly Privacy Rights

Redbox Automated Retail, LLC (“Redbox”), provider of the popular self-service kiosks that rent movies and video games in airports and other locations, received confirmation last month from the Ninth Circuit Court of Appeals...more

Internet of Things and Cybercrime – what risks?

The Internet of Things is expected to lead to 50 billion connected devices by 2020 collecting and exchanging personal data about their users, their lives, their preferences and tastes. This will lead not only to relevant data...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

Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that...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

So You’ve Got A Cybersecurity Policy – What Next?

After hearing about the major data breaches at companies like Target, Michael’s, and Neiman Marcus, ABC Corp. realizes it needs to protect itself from such an attack. So it consults with its attorneys, identifies where it is...more

Florida’s Strict New Data Breach Notification Law Takes Effect

The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide....more

New HIPAA Reports to Congress Shed Light on OCR Enforcement

The Department of Health and Human Services’ Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR’s enforcement activities for 2011 and 2012 and...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

Florida Strengthens Data Breach Law

On June 20, Florida Governor Rick Scott signed SB 1524, which significantly revises and strengthens the state’s data breach notice law, making it among the toughest in the country. The bill shortens the timeline for providing...more

New Connecticut Pharmacy Rewards Disclosure Bill Took Effect July 1

On June 12th, Connecticut governor Dannel P. Malloy signed into law ”An Act Concerning Pharmacy Rewards Programs And Protected Health Information“. The law went into effect July 1st, and applies to pharmacy retailers in the...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

EU Data Protection Regulation: Update

There has been a debate as to whether the new Regulation is actually going to happen. The clear view from the European Commission and the European Data Protection Supervisor is that the Regulation will happen and the European...more

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of...more

Tips For Navigating U.S. and International Data Breaches

Navigating today’s complex legal and regulatory framework surrounding data breaches can be a daunting process for even the most sophisticated organization. In the United States, there is not currently a national uniform data...more

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