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Data Breaches: Are You Ready (for the inevitable)?

In 2015, identity theft occurred every two seconds, disrupting the lives of 13.1 million people, according to Javelin Strategy and Research. Year after year, U.S. data breaches have hit record highs, reports the Identity...more

Recommendations for Evaluating Your Organization’s Use of Social Media

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

Think you’re covered? Think again

Commercial General Liability policies (CGL) typically do not include data protection loss coverage, although some insurers offer additional data protection endorsements. Normally those additional endorsements only cover data...more

Privacy Best Practices for Commercial and Private Drone Use Adopted in NTIA Process

Consensus was reached in a proceeding of the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce on a set of privacy best practices for the commercial and recreational use of...more

"Big Data Enters the Agenda of EU Antitrust Authorities"

On May 10, 2016, the French Competition Authority and German Federal Cartel Office published “Competition Law and Data,” a joint report on big data and its implications for competition law. The paper identifies issues that...more

Cyber Security

Roughly one million pieces of malware—computer viruses or malicious software—are released every day. In recent years, we’ve witnessed an unprecedented level of activity in the cyber arena, both in the form of increased...more

How to Evaluate a Credit Monitoring Service

Organizations are not, generally, required to offer services to consumers whose information was involved in a breach. Nonetheless, many organizations choose to offer credit reports (i.e., a list of the open credit accounts...more

Reworked EU-U.S. Privacy Shield Still Undergoing Growing Pains

When the European Union’s highest court issued its October 2015 ruling striking down the U.S.-EU Safe Harbor framework, shock waves rippled on both sides of the Atlantic. For thousands of U.S. companies handling the...more

Tennessee Enacts Changes to Data Breach Statute

Businesses in the State of Tennessee should take note of several significant changes to Tennessee's data breach statute that take effect for data breaches occurring on or after July 1, 2016. Currently, Tennessee Code...more

Privacy Tip #34 – Get women on your board—they are more attuned to risks facing the organization

As a member of Women in the Boardroom, I am a big supporter of adding more diversity, including women, to corporate boards. Now I have a new reason. According to the 2016 Global Board of Directors report, a collaboration...more

Wendy’s confirms data breach of point of sale system

Wendy’s confirmed yesterday in its first quarter financial statement that its investigation into a credit card breach did uncover malicious software on its point of sale systems on fewer than 300 of its stores nationwide. It...more

UK Financial Regulatory Developments - May 2016 #6

Industry associations agree cyber principles - ISDA, the European Banking Federation and the Global Financial Markets Association have published a set of common principles they hope will encourage effective global policy...more

What's New with HIPAA?

A number of new developments have taken place related to Health Insurance Portability and Accountability Act (HIPAA) privacy and security compliance, and enforcement is increasing. Healthcare providers, health plans and other...more

Cybersecurity, Boards and Cyber-Board "Experts": Caution Should Rule

A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity. Many public companies foist this additional burden on the audit committee. Those large enough to have a...more

Managing Cybersecurity Risk for Nonprofit Organizations: A Fiduciary Duty?

We live in an era of increasingly prevalent cybercrime, and nonprofits are in the crosshairs.  Harvard University, Penn State University and two BlueCross BlueShield entities are just a few nonprofit organizations that...more

Are You Prepared for Your Vendor’s Data Breach?

Ever since the Target and Home Depot breaches were traced to intrusions at their vendors, the management of cybersecurity at third-party vendors has been a focus of companies and regulators. The FTC has flagged the issue, as...more

FTC: Data Security Primer for Small Businesses and Start-ups

The Federal Trade Commission will host a one day-conference in Chicago at Northwestern’s Pritzker School of Law on June 15, 2016. This event will be the fourth of the FTC’s Start with Security Events nationwide, which build...more

Auto parts manufacturing company joins auto industry cybersecurity sharing group

We have previously reported on the efforts of the auto industry to become more aware of and address data security issues with smart cars. Delphi Automotive PLC has announced that it will join the Automotive Information...more

AG Schneiderman Reports Increase in Data Breach Notifications; Unveils Electronic Submission Form

On May 4, New York AG Schneiderman announced that, from January 1, 2016 through May 2, 2016, his office received 459 data breach notices – more than a 40% increase compared to the 327 notices received during the same time...more

Countdown to Compliance: Final Text for EU General Data Protection Regulation Published

The final text of the significant new EU General Data Protection Regulation (GDPR) has now been published (4 May 2016) in the Official Journal of the European Union. This means the clock is now ticking for the sweeping new...more

Data transfers in limbo – U.S. companies face fines by German data protection authorities

While EU regulators determine whether to adopt a new agreement for transfers of personal data from Europe to the United States to replace the invalid EU-U.S. Safe Harbor Framework, German data protection authorities have not...more

EU Publishes Final Text of GDPR

On May 4, 2016, the final version of the European Union’s General Data Protection Regulation (“GDPR”) was published in the Official Journal of the EU. The GDPR, which will replace the EU’s current Data Protection Directive,...more

2016 IAPP Global Privacy Summit: Key Themes and Takeaways

Last month, privacy and security professionals from around the world gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2016. The conference focused on the new...more

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more

Q&A: Robert Metzger – Cybersecurity, DOD and Regulation

In this Q&A, CREATe CEO Pamela Passman asks questions of Robert Metzger about the latest trends and challenges in protecting sensitive Department of Defense information. Metzger recently reviewed and commented on CREATe’s...more

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