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The ‘Safe Harbor’ Scheme Coming Under Challenge

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more

No More “Safe Harbor” for the EU-US Transfer of Personal Data - Is Your Online Business Endangered?

What Happened? The highest court in the European Union, the EU Court of Justice, has just invalidated the EU-U.S. Safe Harbor mechanism. Companies can no longer rely on Safe Harbor certification to justify data transfers of...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

The ‘Safe Harbor’ Scheme Coming Under Challenge

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more

Ground-breaking European Court Decision – US Safe Harbor Declared Invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

Will the FTC Have Access to Your Electronic Communications?

Amending the Electronic Communications Privacy Act (ECPA) has long been under consideration in Congress, but recent testimony indicates that ECPA reform may have deeper implications for companies subject to FTC...more

Patriot Act Reauthorization Debate Delays Cybersecurity Legislation

In This Issue: - Industry Liability Protections and Standards - Legislative Timeframe - Additional Notification Bill Expected - Conclusion - For More Information - Excerpt from Industry...more

NAIC Planning to Require Cybersecurity Insurance Data Submission

The National Association of Insurance Commissioners’ (“NAIC’s”) Cybersecurity Task Force and Property and Casualty Insurance Committee are jointly considering whether to require a cybersecurity insurance coverage supplement...more

Data Breach Legislation – Creating a Federal Standard

Whatever your political viewpoints may be on the dividing line between federal and state responsibilities, or the interpretation of the 10th Amendment to our Constitution, there is no question the Framers saw an important...more

Washington State Amends Data Breach Law

Passage of H.B. 1078 sets a 45-day notification deadline, adds additional notice requirements Washington Governor Jay Inslee signed H.B. 1078 into law on April 23, revising the state’s data breach notification statute and...more

New Executive Order Authorizes Economic Sanctions to Combat Malicious Cyber Activity

Calling cyber threats “one of the most serious economic and national security challenges to the United States” and declaring a national emergency relating to those threats, on April 1, 2015, President Obama issued an...more

Congress Makes Progress On Legislation To Encourage Cyber Threat Information Sharing

In the past few weeks, Congress has made notable progress towards passage of legislation to address the sharing of cybersecurity threat information. On March 18, the Senate Select Committee on Intelligence approved the...more

FISMA II: A New Cyber World Framework to Strengthen Agency Information Security

As part of the Obama administration’s legislative efforts to safeguard government agency information, the Federal Information Security Modernization Act of 2014 (FISMA II) was recently enacted to fortify and update its 2002...more

Winds Of Change: A Flurry Of UAS Regulatory Proposals

On February 15, 2015, during a hastily organized press conference, the FAA announced its proposed rules for domestic UAS. But that wasn't the only UAS news coming out of the administration that weekend. ...more

New York State Charges Ahead on Critical Infrastructure Cybersecurity Legislation

On Feb. 26, 2015, in an effort to make “New York State’s computer infrastructure the most secure in the nation,” the New York State Senate passed a suite of four cybersecurity-related bills focused on protecting critical...more

President Obama Issues Executive Order on Cybersecurity Information Sharing

On February 13, 2015, President Barack Obama signed an executive order entitled "Promoting Private Sector Cybersecurity Information Sharing" (the "Executive Order") to foster cybersecurity threat information sharing within...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

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

Blog: Agenda Overload For Audit Committees?

In its 2015 Global Audit Committee Survey, KPMG found that audit committee members around the world had four key concerns: “economic and political uncertainty and volatility, regulation and the impact of public policy...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 Legislative Debate Begins Today at the House Energy & Commerce Committee

On Tuesday, the House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled "What are the Elements of Sound Data Breach Legislation?" This hearing was the first of the new Congress to...more

President Calls on Congress to Pass Cybersecurity, Data Breach Bills; Congress Begins Action on the Issue

In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more

New York Attorney General Proposes Stiffer Data Security and Breach Notification Laws

New York State Attorney General Eric Schneiderman has proposed legislation that would make the state’s data security law the strongest in the country and require “unprecedented safeguards” for personal data....more

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