Foley Hoag - Privacy & Data Security

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Elections & Politics, Privacy

DHS Issues New Rules Governing Sharing of Cyberthreat Data

Last week, the Department of Homeland Security (“DHS”) released its Final Rules for private-sector information-sharing under the Cybersecurity Information Sharing Act of 2015 (“CISA”). CISA permits private companies to share…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

New Data Protection Obligations In Europe: Data Protection Officers and Impact Assessment under the New General Data Protection Regulation (GDPR)

The full text of the General Data Protection Regulation (GDPR) was published on 4 May 2016. Although the GDPR will not be effective until 25 May 2018, it is worth looking into it right now given the major changes it makes to the…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

OCR Releases Video Guidance on Provision of Medical Records

The summer movie season is now officially in full swing, with the release of three informational videos regarding HIPAA and the right of individuals to access their medical records, published by the Office of Civil Rights of the…more
| Health, Privacy, Science, Computers, & Technology

Ransomware Update: The FBI Weighs In

The FBI recently released an article discussing the spate of ransomware attacks on a variety of different entities, including hospitals. In the article, the FBI warned that ransomware attacks and the cybercriminals carrying them…more
| Commercial Law & Contracts, Criminal Law, Privacy, Science, Computers, & Technology

Cybersecurity News & Notes – June 2016 #3

In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017. The amendments include expanding the definition of “personal information” to include a…more
| Commercial Law & Contracts, Consumer Protection, Health, Privacy, Science, Computers, & Technology

EU-US Data Transfers?: An update on actions taken by European DPAs

After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Cybersecurity News & Notes – June 2016 #2: A brief digest of cybersecurity news you can use...

In Case You Missed It: The SEC fined Morgan Stanley $1 million for a 2014 data breach. While the FTC had declined to pursue an enforcement action, blaming the breach on technical issues rather than any actions or omissions on…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Cybersecurity News and Notes – June 2016

In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law enforcement…more
| Communications & Media Law, Criminal Law, International Law & Trade, Privacy, Science, Computers, & Technology

Update on EU-US Transfer of Data and the Proposed Privacy Shield

On 29 February the European Commission released its draft adequacy decision about the proposed Privacy Shield, which is intended to replace the invalidated EU-US Safe Harbor. While Microsoft stated on April 11 that they…more
| Commercial Law & Contracts, Consumer Protection, Intellectual Property, Privacy, Science, Computers, & Technology

Obama Signs Defend Trade Secrets Act Into Law: Important New Tool for Victims of Data Breach

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. Previously, companies could only bring misappropriation of trade secrets claims under state law. (Unless they were able to…more
| Civil Procedure, Civil Remedies, Intellectual Property

Cybersecurity, Corporate Governance, and Risk Management: Best Practices

As litigators, we help clients resolve conflicts that have matured into disputes. In the realm of cybersecurity, we defend claims brought by private parties or governmental entities against companies facing the fallout from a…more
| Business Organizations, Privacy, Science, Computers, & Technology

Top Tips for OCR HIPAA Audit Preparation

The recently announced OCR HIPAA audits are not a cause for panic, according to experts, especially of organizations have proper documentation. With the most recent round of OCR HIPAA audits announced just last month, many…more
| Health, Privacy

EU-US Privacy Shield: Working Party Urges European Commission to Improve Current Scheme

After the invalidation of the Safe Harbor by the European Court of Justice (“ECJ”) last November in the Schrems case, negotiations between the European Commission and US authorities led to a new agreement called the EU-US…more
| International Law & Trade, Privacy

EU General Data Protection Regulation Adopted

After years of intense discussions, the EU General Data Protection Regulation (GDPR) was finally adopted on 14 April 2016. The GDRP sets out uniform new rules in the field of data protection across the EU, rules that will…more
| International Law & Trade, Privacy, Science, Computers, & Technology
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