Data Protection Federal Trade Commission

News & Analysis as of

NIST’s Draft Update to Cybersecurity Framework Focuses on Third-Party Vendors and the Cost-Effectiveness of Cybersecurity Programs

On January 10, 2017, the National Institute of Standards and Technology (“NIST”) released a proposed update to its popular cybersecurity blueprint for organizations and businesses, known as the Framework for Improving...more

Hey, Alexa – Tell Me About My Privacy Rights!

For internet-of-things watchers, some information to chew on: several news outlets have reported on a dispute between Amazon and law enforcement investigators in Bentonville, Arkansas. Arkansas police are investigating an...more

FTC Staff Report Details Best Practices for Cross-Device Tracking

The ubiquitous use of multiple devices by consumers has created new opportunities for mobile apps, platforms, providers, and publishers alike to capture more, and more accurate, consumer data. This practice – known as...more

Collecting Information From Children In The EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States there are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online...more

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at...more

FTC Charges Taipei Based D-Link for Inadequate Security of Computer Routers and Cameras

The Federal Trade Commission (FTC) has filed a complaint in Northern California against D-Link for putting thousands of consumers at risk over the past decade for failing to have adequate security practices in its routers and...more

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing...

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from...more

Revisit Privacy Notices in the New Year

Companies are required to accurately disclose their material consumer data practices in clear, conspicuous and understandable privacy notices. As 2016 came to a close, the Federal Trade Commission (FTC) reminded companies of...more

One Less (Regulator) Affair for AshleyMadison.com: Site Operators Agree to Settle U.S. Charges Stemming from 2015 Breach

Remember the 2015 AshleyMadison.com data breach, where hackers gained access to the personal information of about 36 million users from over 46 countries, and threatened and carried through on their promise to release the...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Top 10 Litigation Risks and Trends for Retailers

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

NIST Cybersecurity Framework

Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an...more

Homeland Security Issues IoT Guidance for Businesses

The Department of Homeland Security (DHS) has published non-binding principles and best practices to help businesses work through key Internet-of-Things (IoT) security issues. Entitled “Strategic Principles for Securing the...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

Lessons from Adobe’s State AG Data Breach Settlement

Last month, several state Attorneys General announced a $1M settlement with Adobe Systems, Inc. in connection with a 2013 data incident involving the personal information of roughly 534,000 consumers. The 15 Attorneys General...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

Hints of a Narrowing of the FTC’s Section 5 Authority Under a Trump Presidency

The transition of power from President Barack Obama to President-Elect Donald Trump is underway. Although President-Elect Trump did not lay out specific policy prescriptions about data privacy or consumer protection during...more

Global Privacy and Data Protection Roundup: Fall 2016

Privacy and data protection continues to be an international patchwork of laws impacting how personal data is collected, secured, used and shared across borders, and how we contend with the misuse of information technology. ...more

Recent Decisions Highlight Legal Risks Associated with Product Cybersecurity Vulnerabilities

Last month, plaintiffs in two product cybersecurity class actions were partially successful in surviving motions to dismiss, continuing the recent trend by plaintiffs and regulatory agencies to expand the pool of defendants...more

Feeling Lost in a Storm After Suffering a Data Breach?

When faced with a data breach, it’s easy for companies to feel like they’re attempting to navigate a storm without a rudder. To provide a guiding light to companies, the Federal Trade Commission (“FTC”) recently issued...more

How The FTC Guides Businesses Through Data Breaches

The Federal Trade Commission (“FTC”) recently released a data breach guide for businesses, along with a video and blog to help companies following the immediate aftermath of a data breach. The FTC also provides a model data...more

Confusing Joint Guidance published by OCR and FTC on HIPAA Authorization Forms

There are arguments that there is a dearth of guidance by both the Office for Civil Rights (OCR) and Federal Trade Commission (FTC), so when guidance comes out, we listen. But the most recent guidance jointly issued by the...more

FTC Releases New Data Response Breach Guide For Businesses

The Federal Trade Commission released a new guide for businesses on data breach response yesterday along with a three-minute video summary. The 14-page guide highlights the immediate steps a business should take when...more

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom...more

FTC Issues Data Breach Response Guidance

The Federal Trade Commission (FTC) this week issued the publication, Data Breach Response: A Guide for Business, that outlines steps it recommends that businesses take when it believes it may have suffered a data breach....more

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