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EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more

Tax Relief for Identity Protection Services

In 2015, following numerous customer data security breaches at major U.S. companies, the IRS announced special tax relief to breach victims who were provided identity protection services as a result of the breach. In January...more

Top Considerations When Building BYOD Policies

In a recent article, my Kroll Ontrack colleague Vikas Pall wrote about the growing concerns over bring your own device (BYOD) policies. Today’s employees integrate their personal and professional lives, and the use of...more

EU and US Beat the Clock With Their Announcement of the "Privacy Shield" a/k/a Safe Harbor 2.0

In a long-awaited and much-anticipated announcement, the U.S. Department of Commerce and the European Commission (the “Commission”) declared on February 2, 2016, that they had struck a deal on a new cross-border data transfer...more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

Department of Homeland Security & Cyber Governance: It Starts at the Top

The U.S. Department of Homeland Security’s (DHS) top privacy official said today that a “clear mandate” from top management is the foundation of an organization’s ability to establish and implement an effective data security...more

The Legality of Tracking Employees By GPS

Over the past several years, technology has dramatically increased employee accountability in the workplace. For example, in an office environment, employees are expected to respond to emails immediately because they are...more

What GCs Need to Know About HR Technology

Imagine that your General Counsel asks you for a very brief overview of what she needs to know - and worry about - related to HR technology and HR data management. If your GC is like most we know, she has way too much on her...more

Employment Law This Week: FTC on Big Data, DOJ/DOL on Safety Violations, External Whistleblowers, NRF Fights Scheduling [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework – The General Data...

The European Union’s (EU) new data protection framework, known as the General Data Protection Regulation (the “Regulation”), is, at bottom, a response to the astonishing evolution in online commerce. As a result, only one of...more

APCDs: One Solution to Obtaining Meaningful Performance Data

The American health care system is under immense pressure to control costs and improve quality. As a result, there is a corresponding need for access to health care data and the development of new methods to obtain value...more

New York AG Requires Transportation Company to Enhance Data Security Practices

On January 6, New York AG Schneiderman announced a settlement with a California-based transportation network company that requires the company to enhance its data security protection practices to ensure protection of...more

The Perils of BYOD Policies

Over the holidays, many employees are out of the office on family vacations or otherwise using their time off. Many employers rely on employees' use of their own personal electronic devices to keep up with what is going on in...more

Uber Enters Into Settlement Regarding May 2014 Data Breach, Halting New York Attorney General’s Investigation Into Uber’s...

On Wednesday, January 6, 2016, New York’s Attorney General announced a settlement with Uber Technologies, Inc. (“Uber”), which requires the company to institute a number of practices intended to increase the data privacy of...more

Effective Implementation of Workplace Technology

There are hundreds (if not thousands) of new technologies available to employers, all promising to solve problems and make life easier. We’ve written about the risks of the technology itself, but it’s worth noting that poor...more

UK Employment Law Forthcoming Attractions in 2016

January - DATA PROTECTION: NEW EUROPEAN REGULATION - After four years of negotiation and lobbying, the new European General Data Protection Regulation has now been finalised. The Regulation will govern...more

‘Cannibal Cop’ Decision Restrains Employers

Second Circuit ruling on data theft creates more inconsistency regarding federal law’s reach. In December, a divided panel of the U.S. Court of Appeals for the Second Circuit in U.S. v. Valle interpreted the Computer...more

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more

Regional Income Tax Authority in Ohio loses info on 50,000 people

The Regional Income Tax Agency of Ohio (RITA) announced on December 31, 2015, that it lost the personal data of approximately 50,000 individuals who filed tax forms with the agency in November. RITA provides tax collection...more

Early Ruling in Putative Biometrics Class Action May Provoke More Lawsuits

In recent years, a new genre of privacy litigation has emerged involving biometrics. Generally, biometrics consists of biological data that can be used to identify a person, such as retina and iris scans, fingerprints,...more

IRS provides tax relief for pre-breach identity protection services

The IRS released a bulletin on December 30, 2015, (Announcement 2016-02) announcing that it would extend the tax exemption issued in August to organizations who provide credit monitoring to its employees following a data...more

An Ounce of Prevention…Is Tax-Free: IRS Expands Tax Relief to Pre-Data Breach Identity Theft Protection Services

As reported here after last year’s customer data security breaches at major U.S. corporations, the IRS announced special tax relief for identity protection services provided to individuals affected by a security breach. In...more

The Tax Man Cometh Not to ID Protection Recipients Either

Late last year, while you were probably busy picking out which bubbly to pop at the stroke of midnight, the IRS gave us another reason to celebrate. You may remember (as we wrote previously) the IRS said it would not require...more

Social Media in the 2010s: A Force Awakens

When I was asked by LexBlog to provide insight into my most significant story I’ve written about in the first half of this decade (and wondering if it started on January 1, 2010 or 2011?), I first thought about looking at...more

Poetic Justice – 2015 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2016. But it is also the time to look back at all that has happened in 2015. Rather than simply give you links to all of my stimulating...more

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