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The FCC and the Uncertain Future of Privacy Oversight for Internet Service Providers

The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service...more

Can the U.S. – EU Safe Harbor Weather the Storm?

On 24 March, the Court of Justice for the European Union (CJEU) heard argument on a case that could significantly impact, if not invalidate altogether, the Safe Harbor framework that facilitates the flow of personal data from...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

OCR’s Enforcement of HIPAA’s Privacy and Security Rules Continues with Robust 2014

With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy is again high. The Anthem breach serves as a reminder to those entities...more

Update on State Attorneys General: Connecticut Creates a Permanent Privacy Department; NAAG Covers Big Data, Cybersecurity, and...

The federal government may be pushing a cybersecurity and data privacy agenda, but that doesn’t mean that the states are taking a back seat. The state attorneys general are maintaining their focus on issues relating to...more

Alert: Federal Policy Developments Impacting Medical Technology Companies

Health care is always a major issue in Washington, DC but recently how to promote innovation in medtech has become a priority within that conversation. Thus far, 2015 has produced a major legislative initiative in the form of...more

NAIC Amps Up Cybersecurity Oversight

The NAIC has begun its efforts to amp up state insurance department oversight of cybersecurity practices with the release of two documents for public comment. The first, entitled Principles for Effective Cybersecurity...more

NIST Internet Of Things Framework Taking Shape

The National Institute of Standards and Technology (“NIST”) recently posted a preliminary discussion draft of its forthcoming Framework for Cyber-Physical Systems (a term used interchangeably with the Internet of Things, or...more

Guest Blog Post: Changes to the Polish Data Protection Act

On 1st January 2015 amendments to the Polish Data Protection Act of 29th August 1997 came into force. These amendments (the “Amendments”) impact: (i) the role played by the “administrator bezpieczenstwa informacji,” (“DPO”)...more

FCC Releases Open Internet Order

On March 12, 2015, the Federal Communications Commission (FCC or “Commission”) released the full text of its Open Internet Order (“Order”). The rules adopted in the Order will become effective 60 days after publication in the...more

SEC Releases Results of Cybersecurity Exam Sweep

We’re a bit behind on this, but better (a little bit) late than never. Last month the SEC’s Office of Compliance, Inspections and Examinations released the first results of its Cybersecurity Examination Initiative, announced...more

New York Proposes Tough New Anti-Money Laundering and Cybersecurity Measures on Financial Services Companies

Action Item: Benjamin Lawsky, the Superintendent of Financial Services for New York State, one of the country’s most aggressive regulators, is seeking to increase regulatory pressures on the financial services industry,...more

New FDA Guidance Opens the Door for Electronic Consent Forms That Come with Significant Advantages and Raise Privacy and Secure...

On March 9, 2015, the U.S. Food and Drug Administration (FDA) published a draft guidance that allows for the use of electronic informed consent (eIC) in human clinical trials. eICs have the potential to...more

Higher Ed Legal Update, March 2015

Colleges and universities across America have recognized that unmanned aerial vehicles (UASs) – also known as drones -- have broad academic applications. Indeed, the Federal Aviation Administration reports that of the 900...more

FDA Draft Guidance Addresses Electronic Informed Consent in Clinical Investigations

Today the Food and Drug Administration (FDA) published a notice announcing the availability of a draft guidance document entitled “Use of Electronic Informed Consent in Clinical Investigations: Questions and Answers.” The...more

SEC Report: Just How Prepared are Broker-Dealers and Advisors for Cyber- Attacks?

On February 3, 2015, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) published a highly-anticipated summary of its examination sweep of 57 registered broker-dealers...more

Why the FTC Can Go After Companies For Insufficient Data Security Allegations

The FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, it had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley...more

Is Your Computer Use Policy Legal? NLRB Finds a Presumptive Right for Employees to Use Employer’s Email System for Protected...

Does your company give employees access to company email? Do you prohibit employees from using the company email for personal, non-company use? If so, your policy may violate federal law....more

Another Good Reason to Pay Heed to Cyber Security

For many companies, the prospect of a dreadful, costly and reputation-damaging cyber-attack and data breach is all the motivation they need to assess and improve their cyber security and data protection posture RIGHT NOW. ...more

Third Circuit Hears Oral Argument Over Whether FTC Has Authority To Regulate Data Security

After much anticipation, the Third Circuit heard oral arguments (audio) last Tuesday in the interlocutory appeal in FTC v. Wyndham Worldwide Corp. We have written previously about this case, which likely will be a significant...more

FCA publishes Memorandum of Understanding between the FCA and ICO

On 28 January 2015, the Financial Conduct Authority (FCA) published the Memorandum of Understanding (MoU) which it entered into with the Information Commissioner’s Office (ICO) (dated 29 September 2014)....more

Update: Hotel Industry Members Withdrawal FCC Wi-Fi Petition

This is an update to an article we posted on January 28, Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No, and Fines a Hotel $600,000 For Doing It. On August 25, 2014, the American Hotel & Lodging Association,...more

White House Releases Cyber Threat Intelligence Integration Center Fact Sheet

On February 25, the White House issued a fact sheet regarding the establishment of the Cyber Threat Intelligence Integration Center (CTIIC), which outlines the purpose, authority, organizational structure, and how the CTIIC...more

How Data Privacy Regulations Changed Across Asia-Pacific in 2014

2014 saw a large number of significant developments in data privacy laws across Asia-Pacific. However, unsurprisingly there has not been a consistent approach across Asia-Pacific towards the development of data privacy...more

Spain: €13 Million to Promote 27 Smart Cities

The Spanish Ministry of Industry, Energy and Tourism will finance up to 80% of 13 projects linked to the development of smart cities, from which 27 Spanish cities are expected to benefit....more

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