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Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

Internet of Things regulators shall learn from Google News case?

Internet of Things regulators might have learnt an interesting lesson from Google’s decision to shut down Google News in Spain as a consequence of the coming into force of new publishing law. ...more

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

On the Seventh Day of Privacy, federal agencies gave to me…..

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

Deputy Treasury Secretary Discusses Cybersecurity Checklist for Banks

Deputy Treasury Secretary Sarah Raskin, who recently spoke at the Texas Bankers’ Association Executive Leadership Cybersecurity Conference, provided bank executives and boards some guidance on preventing, preparing for and...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Alert: Congress Ramps Up Cyber Legislation Activity: Four Bills Await President Obama's Signature

After years of pundits saying "oh, major cyber legislation will pass this year," it may finally be happening. Last week Congress hammered out details on four different cyber bills that are intended to help the country move...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Massachusetts Fines Bank for Data Breach

On December 8, a large bank settled with the state of Massachusetts for $825,000 over a data breach that exposed the personal information of at least 260,000 customers. In March 2012, the bank allegedly lost unencrypted...more

What’s on the Horizon in the Golden State?

As we near the turn of the year into 2015, organizations should keep an eye on laws taking effect on the West Coast. This year, the crop of new privacy statutes includes a few without precedent anywhere in the country. The...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Comptroller: Retailers Must Be Held Accountable for Data Breaches

Why it matters - Reflecting continued regulatory focus on the issue of cybersecurity, Comptroller of the Currency Thomas Curry said in recent remarks, retailers must be held accountable for data breaches, urging...more

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major...more

Right to privacy still tentative in Japan

The Tokyo District Court has ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past....more

Lawmakers Query Banks About Data Security

Why it matters - Suffered a cyber attack over the last year? Members of Congress want to hear about it, and all financial institutions should be prepared to competently respond to government inquiries if they are a...more

24 privacy authorities worldwide call for more mobile app privacy

Last week, the increased focus of national data protection authorities on the processing of personal data through mobile apps was again confirmed in an open letter from a group of data protection authorities....more

Target Takes Aim at Consumers after Banks Win Opening Round

On Thursday, the attorney for Target Corporation (“Target”) made oral arguments in support of its motion to dismiss consumer claims stemming from the data breach it suffered late last year when hackers stole financial and...more

USA Freedom Act Filibustered: Debate Over National Surveillance And Government Data Collection Likely Scuttled Until Next Year

The USA Freedom Act was blocked in the Senate on November 18 when the sponsors could not obtain cloture, the 60 votes needed to shut down debate and obtain a vote on the bill. The bill addressed the limits of government data...more

Five Tips to Help Companies Protect Themselves from Data Breaches

With every swipe of a credit card this holiday season, consumers put their faith in the companies that process and store their information. Yet, it is no secret that data breaches are on the rise, hitting companies large and...more

Just in Time for the Holidays: Another HIPAA Settlement

On December 2, 2014, the Office for Civil Rights (OCR) and Anchorage Community Mental Health Services, Inc., (ACMHS) entered into a Resolution Agreement and Corrective Action Plan (CAP) to settle alleged violations of the...more

New European Data Protection Guidelines Published

On November 25, the European Data Protection Supervisor (EDPS) issued new data protection guidelines (Guidelines) to European Union policymakers and legislators in the area of financial services regulation. The EDPS’s stated...more

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

FCC Forges New Ground on Enforcement of Data Security Duties under Communications Act

On October 24, 2014, in its first data security enforcement action outside of the CPNI context, the Federal Communications Commission (“FCC” or the “Commission”) issued a Notice of Apparent Liability for Forfeiture of...more

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