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Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Article 29 Working Party has “Strong Concerns” About Privacy Shield

On April 13, 2016, the EU’s Article 29 Working Party issued its much-anticipated statement on the viability of the proposed EU-US Privacy Shield. As we’ve detailed previously, EU and US officials reached agreement on the...more

CISA Guidance Clarifies How to Share Cyber Threat Information… but Issues Remain

The Cybersecurity Information Sharing Act of 2015 ("CISA"), enacted on December 18, 2015, as part of the omnibus Consolidated Appropriations Act[1], 2016, creates a voluntary process that encourages public and private sector...more

Privacy Shield does not achieve adequacy of protection under current regime, say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party (‘WP29’) published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating...more

How to Prepare for the Next Round of HIPAA Audits

Nearly two years after the Office of Civil Rights (“OCR”) first announced its preparation for another round of HIPAA audits, Phase II of OCR’s HIPAA audit program is finally underway. On March 21, OCR began emailing...more

European Parliament approves new EU data protection law

The European Parliament has voted on the General Data Protection Regulation (the "GDPR"). The vote marks the end of a four-year legislative process and makes the GDPR a reality....more

Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield....more

US Companies Face Increasing Privacy Challenges in Europe

In two independent and much-anticipated events, separate EU entities took actions which will continue to complicate the ability of US companies to do business in Europe. Privacy Shield Provisions Found Lacking by Working...more

Two Years to Get Ready – GDPR Adopted

After 4 years of negotiation, today the European Parliament adopted the General Data Protection Regulation (“GDPR“). In doing so, it signaled the end of the EU approval process and put businesses on alert that they now have...more

Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield

Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background...more

Financial Services Weekly News - April 2016 #2

Regulatory Developments - Cordray Testifies before Senate Banking Committee - On April 7, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the Senate Banking Committee during the...more

Don’t Look a Gift Card in the Mouth: Beware of Liability Under the Electronic Fund Transfers Act

Many of us have had a similar experience. We receive a gift card, put it in a “safe” place with other gift cards, and forget it exists. Inevitably, we uncover the gift card and find ourselves asking questions such as: Does...more

Council of European Union and the European Parliament approve General Data Protection Regulation; U.S. Privacy Shield faces...

The General Data Protection Regulation (GDPR) was recently approved by the 28 member states of the Council of European Union. By plenary vote, the European Parliament approved GDPR on April 14. The GDPR will take effect...more

EU-US Privacy Shield may not be up after all

Bad news for companies relying on transatlantic data flows as, once again, the transfer of personal data from Europe to the United States is called into question by the Article 29 Working Party (the “Working Party”), an...more

FCC Proposes Sweeping Broadband Privacy Rules

Broadband Internet access service providers would face a new, top-to-bottom consumer privacy regime. Twelve months after the US Federal Communications Commission (FCC) imposed common-carrier telecommunications rules on...more

To Join or Not to Join: Is the EU-U.S. Privacy Shield Right for You?

With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more

SOS Answered: New Guidance on HIPAA for App Developers

Amidst criticism that the Health Insurance Portability and Accountability Act (“HIPAA”) lags behind technological innovation, the Office for Civil Rights (“OCR”) released new guidance to aid app developers in determining how...more

The Basics of International Privacy Law for Commercial Litigators, Part 1: the EU

Let’s say an American commercial litigator is working to defend a multinational client that has been sued in the U.S. The litigator may realize that he or she needs to collect emails or other documents from the client’s...more

Target’s Cyber Insurance: A $100 Million Policy vs. $300 Million (So Far) In Costs

When it comes to buying cyber insurance, businesses can take comfort that they have mitigated the financial risks that come with a data breach. Just not all of them. Target Corporation’s high-profile hack is a case in...more

Food and Beverage News and Trends Series - April 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Four major companies announce voluntary GMO labeling. Four major food...more

Announcement of "Privacy Shield" Gives Hope for U.S. Companies that Previously Relied on Safe Harbor

On October 27, 2015, Wilson Elser released a client alert that discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing...more

Cyber Security IMPOSSIBLE: California AG Decides a Ceiling is a Floor

We all know why selecting appropriate data security standards is difficult. No two business are the same. Different businesses have different assets to protect and different bank accounts to tap. Different sized businesses...more

[Webinar] Is Your Organization Compromise Ready? - April 20th, 9:00 am PDT

Please join BakerHostetler’s Privacy and Data Protection team for a webinar to cover the results of the 2016 BakerHostetler Data Security Incident Response Report. Trends, top causes for a security breach, and steps you can...more

BakerHostetler Data Security Incident Response Report: Being “Compromise Ready” Better Positions Companies to Respond to Incidents...

On March 30, 2016, we released our second annual Data Security Incident Response Report. The report analyzes data from more than 300 incidents on which the firm advised in 2015. The report looks at causes of incidents,...more

How to Draft an Effective Incident Response Plan

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

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