Privacy, Commercial Law & Contracts

Big Incentives for Investments in Cybersecurity

by Javier Siervo | Berkeley Research Group, LLC on 5/17/2013

Recently, Maryland Governor Martin O’Malley signed into law the Cybersecurity Investment Incentive Tax Credit. The credit is to be used against the state income tax of a Maryland cybersecurity company. To be eligible for the...more

Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0

by Rafi Azim-Khan, Steven Farmer | Pillsbury Global Sourcing Practice on 5/16/2013

What exactly is the '"best" solution for an international business needing to handle and transfer personal data across borders? This has become an increasingly important and common question as business becomes more...more

State Attorneys General Look Into Recent Data Breach Incident

by BuckleySandler LLP on 5/15/2013

On May 1, the Connecticut Attorney General, George Jepsen, and the Maryland Attorney General and NAAG President, Douglas Gansler, sent a letter to representatives of a “daily deals” website that recently disclosed a data...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

Employers – Are You Updating Your HIPAA Documents?

by Jewelie Grape | Leonard, Street and Deinard - Employee... on 5/15/2013

The Department of Health and Human Services released final Health Insurance Portability and Accountability Act (HIPAA) privacy and security regulations on January 25, 2013. ...more

Data Breach - Your Organization Needs a Plan

by Nicole Reimann | Schnader Harrison Segal & Lewis LLP on 5/15/2013

The Privacy Rights Clearinghouse’s Chronology of Data Breaches lists 3,671 incidents affecting 607,295,463 records since 2005,1 including these three: - A worker steals customer records containing credit card, bank...more

FTC Sharpens Focus On Data Brokers

by BuckleySandler LLP on 5/14/2013

On May 7, the FTC released letters it sent to 10 data brokers warning that certain of the brokers’ practices could violate FCRA privacy protections. ...more

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

by Ronald London | Davis Wright Tremaine LLP on 5/14/2013

The FTC has voted to retain the July 1, 2013 effective date for the revisions to its Children’s Online Privacy Protection Act (COPPA Rule), shortly after issuing revised “Frequently Asked Questions” (FAQs) to aid compliance...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

Employer BYOD Concerns: Part 2 of It's 2013. Do You Know Where Your BYOD Policies Are?

by David Johnson, Joshua B. Konvisser | Pillsbury Global Sourcing Practice on 5/14/2013

In Part 2 of "It's 2013. Do You Know Where Your BYOD Policies Are?" we will discuss employer BYOD concerns. Check out Part 1 to learn more about employee interests; Part 3 will present developing trends and suggest best...more

A Cloud of Suspicion: Legal Issues Surrounding Cloud Computing

by Donna Ray Berkelhammer | Sands Anderson PC on 5/14/2013

We have seen a rise in the number of start-ups offering cloud-based services and are reviewing an increasing number of SaaS or cloud-based software services contracts for our clients. Cloud computing may be a viable business...more

EU Data Protection Regulation: and the horizon recedes again . . .

by Susan Foster | Mintz Levin - Privacy & Security on 5/13/2013

(LONDON) We recently wrote that a crucial committee vote on the new EU Data Protection Regulation had been pushed back until May 29-30. The vote has been delayed again until an unspecified future date, although Jan Phillip...more

Not So Secret - When Under Seal Isn't Enough

by Shirley Dai, Sharon Levine, Michael Savetsky | Lowenstein Sandler LLP on 5/10/2013

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite...more

HHS Expands HIPAA Privacy Compliance Requirements

by Robert Bohner | Sedgwick LLP on 5/10/2013

On January 25, 2013, the Department of Health and Human Services (HHS) published its final rule, which implements the regulatory changes imposed on business associates found in the Health Information Technology for Economic...more

Laying Foundation for Meta Data and Websites

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

FTC’s revised COPPA rules go into effect July 1, 2013

by Thompson Coburn LLP on 5/9/2013

On May 6, 2013, the FTC unanimously decided that the revised Children’s Online Privacy Protection Act (COPPA) will go into effect on July 1, 2013, as announced last December. Several industry organizations had asked the...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

California Federal Court Holds Online Purchase Transactions For Shipped Merchandise Not Covered By Song-Beverly Credit Card Act

by BuckleySandler LLP on 5/8/2013

On April 30, the U.S. District Court for the Central District of California held that Section 1747.08 of the Song-Beverly Credit Card Act, which prohibits retailers from requiring personal information as a condition to...more

Big Regulation’s Big Data

by Richik Sarkar on 5/8/2013

In March 2012, the Obama Administration announced its Big Data Research and Development Initiative. The program involves a total of over $200 million in new commitments from several departments and agencies to improve the...more

HIPAA Revises Business Associate Agreement Requirements

by Evelyn Haralampu | Burns & Levinson LLP on 5/7/2013

Protecting Health Information - The privacy of health information is protected by federal rules. These rules, which have been recently updated, affect the handling of “protected health information” (“PHI”) by business...more

FTC on COPPA: No Delay

by Mintz Levin - Privacy & Security on 5/7/2013

This afternoon, the Federal Trade Commission (FTC) unanimously rejected requests from industry organizations to delay the July 1 date for compliance with the amendments to the Children’s Online Privacy Protection Act (COPPA)....more

On-Line Sales of Shipped Goods Held Outside Reach of California’s Song-Beverly Credit Card Act

by Ropes & Gray LLP on 5/7/2013

A California federal court recently narrowed further the scope of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747.08), which limits the information retailers can collect during credit card transactions, by...more

Cloud Providers That Adhere to U.S.-EU Safe Harbor Framework Meet EU's Data Protection Adequacy Requirements, Says U.S. Commerce...

by Wilson Sonsini Goodrich & Rosati on 5/7/2013

Differing local privacy and data protection laws, especially in the EU, have increasingly challenged U.S. cloud providers seeking to move and store data across the globe. New guidance and public statements by the United...more

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Privacy › Commercial Law & Contracts