News & Analysis as of

Data Breach Notice Requirements

The Mintz Matrix – September 2017

As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs. Part of your preparedness program should be staying current on data...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

by Foley & Lardner LLP on

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Proposed Breach of Security Safeguards Regulations Under PIPEDA have been Released

by Bennett Jones LLP on

The Canadian federal government released the proposed Breach of Security Safeguards Regulations under Personal Information Protection and Electronic Documents Act (PIPEDA) on September 2, 2017....more

Delaware Updates Data Breach Notification Obligations

by Morgan Lewis on

On August 17, 2017, Delaware Governor John Carney signed into law an act to amend Title 6 of the Delaware Code relating to breaches of security involving personal information. The amended law and the new obligations it...more

Delaware Updates its Data Breach Notification Law

Forty-eight states have enacted data breach notification laws, and they frequently are amended and updated. The most recent state to update its law is Delaware. ...more

New Mexico’s Data Breach Law

by Snell & Wilmer on

Almost all U.S states have laws about data security and what to do when there’s a data breach. New Mexico recently added such a law for its state. Here is what’s in the New Mexico law....more

The HIPAA “Wall of Shame” is Now Easier to Navigate

Last week, the HHS Office for Civil Rights (OCR) launched an improved version of their HIPAA Breach Reporting Tool (HBRT), commonly referred to by OCR and regulated entities alike as the HIPAA “Wall of Shame.” OCR has also...more

New Mexico’s Data Breach Notification Is in Effect: What You Need to Know

by Perkins Coie on

New Mexico became the 48th state to enact data breach notification legislation with the Data Breach Notification Act, signed in April and effective as of June 16, 2017. Following a round of revisions that removed some of its...more

New Mexico Enacts New Data Breach Notification Laws

by Revision Legal on

New Mexico recently became the 48th state in the US to adopt data breach notification laws. The new laws take effect June 16, 2017 and will apply in all situations in which a data breach occurs, i.e., an unauthorized attempt...more

New Mexico Enacts Data Breach Notification Law

Governor Susana Martinez recently signed into law the New Mexico “Data Breach Notification Act” (the Act), making New Mexico the 48th state (plus Puerto Rico and the District of Columbia) to adopt legislation mandating the...more

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

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Cybersecurity

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