News & Analysis as of

Data Protection Duty of Care

McDermott Will & Emery

Update Arbeitsrecht: Fürsorgepflicht vs. Datenschutz

RECHT ODER PFLICHT ZUR OFFENLEGUNG DER IDENTITÄT INFIZIERTER MITARBEITER? Immer wieder seit Ausbruch der Pandemie stehen Arbeitgeber vor der Frage, ob, in welcher Weise und gegenüber wem sie die Identität eines...more

Womble Bond Dickinson

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

Womble Bond Dickinson on

Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

Dechert LLP

Schrems v Facebook: AG says Standard Contractual Clauses are Valid

Dechert LLP on

The Advocate General (AG) says the standard contractual clauses (SCCs) are valid but, where circumstances in the destination third country mean the SCCs would be breached or impossible to abide by, there is an obligation on...more

Ballard Spahr LLP

New York State Data Privacy Law Fails

Ballard Spahr LLP on

New York’s proposed data privacy law failed to materialize in the latest legislative session and is now presumed dead.  New York was one of a number of states that proposed sweeping privacy legislation after the enactment of...more

Foley Hoag LLP - Security, Privacy and the...

Move over, CCPA? New York Considers Sweeping Data Privacy Law

New York’s state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the “NYPA” or the “Act”), which is currently being considered by the state...more

Fisher Phillips

Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to...

Fisher Phillips on

Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018). The Pennsylvania Supreme...more

Cozen O'Connor

Senators Introduce Data Care Act To Establish Duties For Online Service Providers

Cozen O'Connor on

On December 12, 2018, Senator Schatz (D-HI), along with 15 other Senators, introduced the Data Care Act of 2018 “to establish duties for online service providers with respect to end user data that such providers collect and...more

Snell & Wilmer

Senate Introduces The Data Care Act of 2018

Snell & Wilmer on

On Wednesday, December 12, 2018, Senator Brian Schatz (D-HI), Ranking Member of the Communications, Technology, Innovation, and the Internet Subcommittee, introduced The Data Care Act of 2018. The bill, which is co-sponsored...more

Obermayer Rebmann Maxwell & Hippel LLP

Pennsylvania Supreme Court Rules that Employers can be Held Liable for Failing to Secure Employee Data

In a groundbreaking decision published on November 21, 2018, the Pennsylvania Supreme Court held, for the first time, that employers must exercise reasonable care to safeguard employee personal information stored on an...more

A&O Shearman

Cybersecurity in life sciences: what is your duty of care?

A&O Shearman on

Cybersecurity continues to be headline-grabbing news, particularly following recent reports of high-profile cyber attacks on a number of major well-known corporations. Conscious of their fiduciary duties, boardrooms of global...more

Morgan Lewis

Online Payment Systems Technology in China—Trojan Horse or Forbidden Fruit?

Morgan Lewis on

Powerful new computational technology pioneered in e-commerce presents Chinese regulators with potential concerns and solutions to the perennial problem of information, pricing, and settlement capacity. Online payment...more

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