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General Business Privacy

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

EU Commission’s First Annual Review Confirms Adequacy of the EU-U.S. Privacy Shield

On October 18, 2017, the European Commission published its report and supporting documents regarding its first annual review of the EU-U.S. Privacy Shield (Privacy Shield), which sets forth procedures and safeguards for...more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more

EU-U.S. Privacy Shield Passes First Annual Review

On October 18, 2017, the European Commission (EU Commission) published its report on the first annual review of the EU-U.S. Privacy Shield Framework (Privacy Shield). The EU Commission confirms that the Privacy Shield ensures...more

GDPR Update: Data Protection Officers (Dutch)

by Dentons on

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation....more

GDPR Update: Data Protection Officers

by Dentons on

In this month’s GDPR Update we address the position of the Data Protection Officer (the DPO). The DPO is a natural person overseeing the processing of personal data within an organisation. The DPO therefore can be seen as an...more

EC To U.S.: The (Privacy Shield) Kids Are Alright.

by McCarter & English, LLP on

The Privacy Shield agreement struck between the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) gave the EC a right of annual review to determine if all aspects of the Privacy Shield are being...more

Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate (And Negotiate Again!) Limitations...

by McGuireWoods LLP on

“A significant data breach is likely to cost the company materially, and costs could drag on for a number of years,” analyst Shlomo Rosenbaum, commenting on the Equifax breach. Organizations increasingly rely on...more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

by Snell & Wilmer on

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making...more

Hyatt Data Breach Impacts 41 Locations in 11 Countries

Hyatt Hotels Corporation recently announced that it had identified malicious software code resulting in unauthorized access to customer payment card information. Hyatt disclosed that upon investigating the incident, it...more

Pros and Cons of Hiring a Security Rating Agency

by Patrick Law Group, LLC on

One can hardly check out any news outlet today without reading or hearing about a security breach. Experts frequently advocate performing internal assessments to identify security weaknesses. Commentators tout the...more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

FTC Provides Guidance on Reasonable Data Security Practices (Part II of III)

by Patrick Law Group, LLC on

This is the second in a series of three articles on the FTC’s Stick with Security blog... Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Foreign No More: Transferring Data on Demand U.S. Companies and GDPR Data Portability

Much has been written about the consternation and concern of businesses around the world regarding the European Union’s General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. The GDPR applies to...more

GDPR Countdown: Latham’s National Implementation Tracker

by Latham & Watkins LLP on

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

Key Regulatory Topics: Weekly Update - 6 October 2017 – 12 October 2017

by Allen & Overy LLP on

BREXIT - Uncorrected evidence relating to Brexit from House of Lords Select Committee on European Union - On 12 October, the HoL Select Committee on the EU published an uncorrected transcript of oral evidence taken from...more

Is Your Business In Compliance With The Illinois Biometric Information Privacy Act

by Fox Rothschild LLP on

A number of employers in Illinois are involved in pending class action litigation regarding violations of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (the “BIPA”). The BIPA, which was enacted in...more

Cybersecurity Guidance on the Way for Small Businesses

by Reed Smith on

On October 11, 2017, the House passed a bill that would provide guidance to small business on how to deal with cybersecurity issues. This legislation passed on the heels of a similar Senate bill that passed just weeks before...more

SEC’s Chairman Makes Changes After the Agency’s Latest Cyber-Attack

by Burr & Forman on

The Securities Exchange Commission (“SEC”) has been busy the last couple months on the cyber front. On September 20, the SEC announced a renewed focus on cybersecurity efforts and disclosed that it had been a victim of a...more

What to Do When You Find Yourself in the Data Breach Club

by Miles & Stockbridge P.C. on

In the wake of the latest massive data breach, this one involving Equifax, more and more companies are likely wondering what they should do in the event that they are faced with a data breach that exposes the personal data of...more

Privacy Tip #109 – Cybersecurity Tips for Small (and all) Businesses

I travel around helping businesses, both large and small, work on assessing their cybersecurity risks and implement measures to protect data, reduce risk and comply with applicable state and federal laws. In doing so, it is...more

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

Wire Fraud Scams and Corporate Email Attacks: Beware of Tricks, Not Treats, During Cyber Security Awareness Month

by Nutter McClennen & Fish LLP on

The U.S. Department of Homeland Security named October “National Cyber Security Awareness Month,” and has given it the not-so catchy acronym of NCSAM. Though one might quibble with the choice of name, the many spectacular...more

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