Privacy General Business Science, Computers & Technology

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Password Management Company LastPass Discloses Security Breach

We know it’s hard to keep track of passwords. A good security practice is to use different and complex passwords across different platforms, but it is so hard to keep track of all of them. That’s why password management...more

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security...more

Considerations in Drafting Limitations of Liability for Data Breaches

Until very recently, it was considered matter of course in a services agreement for any data disclosure or loss, regardless of cause, to be excluded from any and all limitations of the vendor’s liability. However, as data...more

Delaware Enacts Online Privacy Law – Website Operators Will Need to Comply

Online businesses take note. Delaware may finally have an online privacy law. On June 25, 2015, the Delaware General Assembly passed SS1 for SB68, known as the “Delaware Online Privacy and Protection Act.” If signed by the...more

Digital Disruption When You Least Expect (Or Want) It

In this Presentation: - Introduction - Chocolate, Cookies, Coffee and Biscuits - Privacy, Legislation, Underworld behaviour - Even manufacturers have secrets to protect! - Invention, 1%’ers and...more

Visa And MasterCard: Card Issuers May Disclose Breached Merchant Names

Credit union and other card issuers got clarification from Visa and MasterCard this month on when they are contractually permitted to disclose the identities of merchants involved in data breaches. In substantially similar...more

The EU’s S-L-O-W March Towards a Uniform Data Protection Regime

The European Union (EU), comprised of 28 member states, currently has a patchwork of privacy and data protection laws, based on the EU’s 1995 Data Protection Directive. This mix of laws has led to inconsistent data...more

Nevada and Wyoming Expand Breach Notification Laws to Protect Account Credentials

On July 1, 2015, both Nevada and Wyoming’s breach notification law amendments come into force, expanding the definition of Personal Information (“PI”) to include account credentials such as a username or email address. With...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

How Businesses Can Reduce Cyber Risk: Pre and Post Incident: Businesses Need to Take a More Proactive Approach to Reducing What Is...

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new...more

RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

Cyber Security - Risk Management and Mitigation

In This Issue: - Agenda - Current Threat Environment - Current Threat Environment - Strategic Importance - Asian Data Privacy Regimes At-A-Glance - Data Protection: Regional temp - Asia-Pacific...more

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

Don’t Wait Until It’s Too Late: Top 10 Recommendations for Negotiating Your Cyber Insurance Policy

As more and more companies of all sizes ranging across a wide spectrum of industries have been exposed to network and data security breaches in recent years, the market for insurance products dedicated to cover cyber risks...more

Digital Privacy Act Receives Royal Assent, but Breach Notification Provisions Lag Behind

After lengthy debates, Bill S-4, the Digital Privacy Act? finally received royal assent on June 18, 2015, and is now law. The federal government introduced Bill S-4 on April 8, 2014, which marked the government’s third...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

EU Council Agrees Draft Data Protection Regulation

On 15 June 2015 the EU Council of Ministers (Council) reached a General Approach to the long-awaited draft Data Protection Regulation (DPR), bringing Europe one step closer to a single, harmonised set of data protection rules...more

One step closer to European privacy regulation? Five unsettled issues

EU Justice and Home Affairs ministers this week reached a general approach on the General Data Protection Regulation at their Council meeting. This means that, more than three years after the Commission’s initial...more

Recent Investment Management Developments - June 2015

In This Issue: - SEC Proposes Changes to Reporting and Disclosure Obligations for Investment Companies and Advisers - SEC Charges Hedge Fund Executives and External Auditor for Improper Disclosure of Expense...more

California’s Data Breach Laws

Almost all U.S states have laws about data security and what to do when there’s a data breach. California’s was the landmark law, first taking effect in 2003. Here is what California requires. Who The Laws Apply To....more

Going for Brokerages: FINRA and SEC Take Aim at Deficient Cyber Policies and Practices

On Feb. 3, the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) each released reports regarding cybersecurity issues for brokerage and advisory firms, both of which should be...more

Never Tick Off a Redbird

At a Press Conference today, Satan officially announced that Hell has frozen over. He made this stunning announcement after the New York Times (NYT) reported that the baseball team with the most World Series wins in the...more

Law à la Mode: Co-branding of wearable technologies; Internet of Things and the retail sector; 3D printing and more - Edition 16

The United States editorial team is delighted to bring you the sixteenth edition of Law à la Mode, the quarterly legal magazine produced by DLA Piper's Fashion, Retail and Design Group. In April 2014, we published an...more

Encryption and the Consequences of Public Policy

In a world where the development of technology moves quickly and governments tend to move slowly, it is common for public policy to become out of sync with the realities of the market. In many cases, this proves to be a...more

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