News & Analysis as of

Data Breach Notice Requirements

Data Breach 101, Part I: Data Breach Notification Laws

In 2017, there are few words that make companies – and their counsel – shudder more than “data breach.” Recent high-profile breaches and the resulting litigation have shown that breaches can be embarrassing, harmful to a...more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

by Fraser Trebilcock on

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

by Foley & Lardner LLP on

Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current “patchwork” system of...more

[Event] A Nuts-and-Bolts Conversation About Terms of Use for Websites, Software and Contracts - March 2nd, Seattle, WA

by BakerHostetler on

BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more

Time is Money: HIPAA Enforcement Action for Untimely Breach Notice Settles for $475,000

by Snell & Wilmer on

Many New Year’s Resolutions focus on actions intended to save money and reduce stress. Organizations, especially those in the health care industry, should consider a resolution to review their breach notification procedures...more

State Data Breach Notification Laws

by Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

by Wilson Elser on

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

What GCs Need to Know About EPLI

by Zelle LLP on

This is the fifth in our series of posts for general counsel and the HR professionals who support them. As we have noted previously, GCs are responsible for a lot but may not have time to become an expert on everything. These...more

California Amends Data Breach Notification Law to Require Notification of Breach of Encrypted Personal Information When Encryption...

On September 13, 2016, California Governor Jerry Brown signed into law AB 2828, an amendment to the law that requires businesses to disclose data breaches to California residents whose personal information has been...more

FCC Adopts Privacy Regulations for Broadband Internet Service Providers

by White & Case LLP on

On October 27, 2016 the FCC announced its adoption of an Order establishing a set of privacy regulations ("Broadband Privacy Rules") governing the use of consumer personal information by Broadband Internet Service Providers...more

Part 5 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

by Bryan Cave on

This is part 5 of a Seven Part Guide to reviewing vendor contracts. Vendor Notice Requirements - Business - Strategic Changes. There are several categories of events the bank will want to be notified about. The...more

Commerce Secretary: Trust Gap Hinders Cyber Attack Reporting

by Snell & Wilmer on

In a keynote address delivered on September 27, 2016 at the U.S. Chamber of Commerce’s fifth annual Cybersecurity Summit in Washington, DC, Commerce Department Secretary Penny Pritzker conceded that “the federal government...more

The EU Adopts the General Data Protection Regulation

In April of this year, the European Union (“EU”), adopted the General Data Protection Regulation (“GDPR”), a regulation intended to strengthen data protection for individuals residing in the European Union. The GDPR provides...more

Tough New EU-Wide Cybersecurity Rules in Prospect: The Network and Information Security Directive

by Dechert LLP on

Two-thirds of large UK companies have come under cyber attack in the past year, according to the UK Government, and a quarter have been attacked at least once a month. But only half have taken any recommended actions to...more

The Network and Information Security Directive: Serious Cyber Attacks Will Require Notification

by Reed Smith on

The Council of the European Union adopted the EU Network and Information Security (NIS) Directive (the ‘Directive’) 17 May, ready for final adoption by the European Parliament. The Directive, initially proposed in 2013, has...more

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

FCC Proposes Indiscriminate PII Definition in Privacy NPRM

by Bryan Cave on

In addition to a bothersome “breach” definition, the Federal Communications Commission (“FCC”), in its April 1, 2016 Notice of Proposed Rulemaking (“NPRM”) concerning ISP privacy regulation, proposes a sweeping definition of...more

The EU General Data Protection Regulation – Europe Adopts Single Set of Privacy Rules

by Alston & Bird on

On December 15, 2015, following four years of close, sometimes contentious, review, the EU institutions agreed upon the text of the General Data Protection Regulation (the “GDPR”). One of the most important EU legislative...more

California Updates Data Security Laws

Why it matters - The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by Governor Jerry Brown. Specifically, Senate...more

California Expands Data Breach Notification Requirements

by King & Spalding on

On October 6, 2015, California Governor Jerry Brown signed into law three bills, A.B. 964, S.B. 570, and S.B. 34, expanding the requirements of California’s data breach notification law. The new requirements will become...more

More Data Vulnerabilities, Cyber Breaches Detected in Healthcare Exchanges

by Reed Smith on

Government audits continue to reveal that millions of people’s personally identifiable information is at risk. Continuous audit reports by the Office of the Inspector General (OIG) of The Department of Health and Human...more

Response Plan Rewind: The Essentials of Data Breach Response Plans

From the financial sector to the healthcare industry, and even the security business itself, hackers are creeping their way into business data systems and pilfering personal information. For financial institutions, security...more

California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of...

by Wilson Elser on

California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new...more

California Updates Data Breach Notification Statute; Provides Model Notification Form

by Alston & Bird on

On October 6, California Governor Jerry Brown signed into law two different updates to California’s data breach notification statute. Both updates will become effective on January 1, 2016....more

Huge fine of nearly U.S. $2 million levied on Mexican bank after data breach

by Reed Smith on

In early September, Mexico’s data protection authority, the National Transparency, Information Access and Data Protection Institute (INAI), issued a fine of 32 million pesos (U.S. $1.95 million) to Mexican bank Grupo...more

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Cybersecurity

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