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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

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

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

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

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

Outsourcing by Canadian Companies after the USA PATRIOT Act

Wondering about outsourcing your data to the U.S.? What follows is an update to one of our most popular posts: Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act, originally written in January 2013....more

Amendments to Japan METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

Connecticut Requires Free Credit Monitoring for Certain Breaches

For nearly a decade, the Connecticut Attorney General (“AG”) has requested or encouraged companies to provide at least two years of free credit monitoring to Connecticut residents following breaches involving information...more

Staying Out of the FTC’s Data Security Cross-Hairs

As the Federal Trade Commission acknowledges in a recent blog post, no company wants to discover that its data security practices are under federal investigation. Yet any company that collects, uses or maintains consumer data...more

EU Consumer Rights Directive is in effect: 9 highlights for distance selling

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262...more

NY DFS Reveals Final BitLicense Requirements for Digital Currency Firms

On June 3, New York’s departing superintendent of financial services, Benjamin Lawsky, revealed that the agency has adopted final regulations of the BitLicense, the regulatory framework in which digital currency firms operate...more

Connecticut Data Breach Law About To Get Tougher

This past Monday, Connecticut legislators voted unanimously to approve two new changes to Connecticut’s breach notification law. Senate Bill 949 will require businesses to (1) provide at least one year of identity theft...more

Applying the Video Privacy Protection Act to Online Streaming

Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more

Websites Required to Post "About Us" Contact Info Under New Florida Law

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

E-commerce delay in product delivery can be misleading

The Italian Competition Authority (AGCM) recently sanctioned three e-commerce operators for unfair commercial practices due to lack (or delay) in the delivery of products initially declared to be in stock and due to false...more

Federal Trade Commission Signals Intensified Focus on Security-By-Design and the Internet of Things With New Start with Security...

The Federal Trade Commission (FTC) recently launched a new Start with Security initiative that aims to provide businesses with resources, education and guidance on best practices for data security. Announced by FTC Consumer...more

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in...more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

Choppy Seas for Companies Falsely Claiming Compliance with U.S.-EU Safe Harbor

Ensuring and maintaining compliance with the U.S.-EU Safe Harbor principles should be a priority for U.S. entities receiving personal data relating to EU residents, in no small part to avoid the FTC leveling the charge and...more

What The Nomi Case Could Mean For Retail Tracking

In law school, everybody learns the adage that hard cases make bad law. When it comes to the Federal Trade Commission, a better aphorism might be, “easy cases make new law.” The FTC’s recent settlement with Nomi Technologies...more

European Commission Takes on E-Commerce Sector

On May 6, 2015, the European Commission launched a competition inquiry into the e-commerce sector. This inquiry is one of 16 initiatives that the Commission announced for the creation of a Digital Single Market for Europe. As...more

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons...more

The Data Breach Notification That Cried Wolf: How Connecticut’s Overbroad Data Breach Notification Statute Undermines the...

Connecticut’s data breach statute is a wolf in sheep’s clothing. That statute’s definition of “breach of security” is overbroad, encourages over-notification, and undermines the goal of protecting consumers from identity...more

Quirky Question #260, Data breach incident response plans

Question: For data breach preparation, what guidance have federal and state regulators issued regarding incident response plans? Originally published on IRMI.com....more

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