Data Protection

News & Analysis as of

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

New PCI Guidance Provides Businesses With Security Incident Response Assistance

A security event involving payment card data, especially card present data, can be one of the most costly events a company may face. Not only did a recent study report the average total cost of a data breach as $3.8 million,...more

LEIROC issues statement on individuals in a business capacity

In response to enquiries on the eligibility of individuals acting in a business capacity to register for an LEI, LEIROC has issued a statement. LEIROC clarifies that individuals acting in a business capacity are eligible to...more

Privacy Tip #4—What do I do when I get a letter informing me of a data breach?

We’ve all gotten them–the dreaded letter that informs us that our data has been compromised, including our Social Security number. Some have received so many of these “notifications” that they are de-sensitized, throw their...more

New challenges created by China’s new draft cybersecurity law

In July 2015, China released its new draft cybersecurity law (the ‘Law’), which will potentially have far-reaching consequences for network operators and companies doing business in China....more

Litigation Alert: The CJEU's Decision on Safe Harbor and its Effects on US Technology Companies

The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies - On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking...more

Investment Adviser Settles SEC Cybersecurity Enforcement Action; SEC Issues Investor Alert

On September 22, the U.S. Securities and Exchange Commission (“SEC”) and R.T. Jones Capital Equities Management, Inc. (“R.T. Jones”), a St. Louis-based investment adviser, settled charges that R.T. Jones failed to adopt...more

Financial Services Weekly News - October 2015

Regulatory Developments - FINRA Files Proposed Rule Change to Apply Markup Rule to Government Securities: On Sept. 30 FINRA filed with the SEC a proposed rule change, published in the Federal Register on Oct. 6, to...more

Twitter Ordered by Irish Court to Disclose Information about Author of Tweet

Twitter International Company (TIC) in Dublin, Ireland was reportedly ordered by a High Court to disclose data about the source of tweets about a whistleblower. The tweets, which included allegations of insurance fraud, are...more

SEC Brings First Cybersecurity Enforcement Proceeding in Wake of Risk Alert

Highlights Areas of High Risk and Examination Priorities for Financial Industry Firms - On September 15, the U.S. Securities and Exchange Commission’s (SEC’s) Office of Compliance, Inspections and Examinations (OCIE),...more

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

The SEC Opens Up a New Front in the Cybersecurity Wars

For the last few years, the SEC has been issuing guidance as to appropriate cybersecurity policies and procedures for financial firms. In a move that signal’s the regulator’s willingness to put muscle into its cybersecurity...more

With Safe Harbor now “Invalid,” Companies Must Change Data Practices

Europe’s top court ruled that U.S. companies relying upon the “Safe Harbor Framework” data sharing regime to maintain information regarding EU citizens is “invalid.” This means that any company relying upon the Safe Harbor...more

European Court of Justice Invalidates E.U. – U.S. Safe Harbor Framework

On October 6, 2015, the European Union’s Court of Justice (the “ECJ”) invalidated the E.U. – U.S. Safe Harbor Framework (the “Safe Harbor”) — a data transfer arrangement upon which thousands of U.S. based companies have...more

OIG Report Finds CMS’s MIDAS System Needs Improvement in Information Security Controls

On September 14, 2015, the OIG released a Public Summary Report finding that although CMS had implemented controls to secure the Multidimensional Insurance Data Analytics System (MIDAS) and consumer personally identifiable...more

[Webinar] Information Security: Background & Recent Developments - Oct. 15th, 12:00pm ET

Join us for an in-depth webinar presented by litigation attorneys James Ward and Phil Stein on the trending topic of information security and how to protect your company from a data breach. This webinar will address what you...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Trump Hotel Collection Confirms Year-Long Data Breach

Trump Hotel Collection, the high-end hotel chain owned by the billionaire Republican presidential hopeful and real estate developer Donald Trump, has confirmed a data security breach involving malware that the company says...more

DOJ Assistant Attorney General Stresses Public-Private Cooperation In the Event of a Cyber Breach

On September 30, U.S. Assistant Attorney General John Carlin delivered remarks at the 2015 Cybersecurity Summit hosted jointly by the U.S. Chamber of Commerce and the American Gaming Association. In his remarks, Carlin...more

CFPB Information Security Remains a Challenge

The Office of the Inspector General (OIG) has released the “2015 list of major management challenges” faced by the CFPB that the OIG believes will hamper the CFPB’s ability to accomplish the CFPB’s strategic objectives. Like...more

[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not...more

SEC Ramps up Cybersecurity Scrutiny With Examination Priorities and an Enforcement Action

Why it matters - Signaling that it will continue to increase its scrutiny of firms' cybersecurity readiness, the Office of Compliance, Inspections and Examinations of the Securities and Exchange Commission (SEC) issued a...more

European Court of Justice Strikes Down Safe Harbor

In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was...more

EU Court of Justice: Safe Harbor Decision Permitting EU-U.S. Personal Data Transfers Is Invalid

Ruling affects approximately 5,000 U.S. companies that have relied on the Safe Harbor to transfer personal data from the EU to the United States. Key Points - - The approach of the U.S. government to personal...more

What Does the European Court of Justice's Invalidation of the U.S.-EU Safe Harbor Framework Mean For U.S.-Based Multinational...

In a landmark decision that will dramatically affect thousands of U.S. companies that transfer personal data from the European Union ("EU") to the United States, the European Union Court of Justice ("ECJ") yesterday...more

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