News & Analysis as of

FTC Clarifies COPPA “Verifiable Parental Consent” Requirements

The Federal Trade Commission (FTC) modified guidelines it issues to developers who make apps specifically for children. App developers have taken advantage of the soaring lucrative app market aimed at a younger audience that...more

App Developers Should Note Revisions to COPPA FAQs

The FTC’s July 10, 2014 complaint filed against Amazon has left app developers with concerns about how to make apps that target kids and still comply with the law. The complaint, brought under Section 5(a) of the FTC Act,...more

Privacy Tuesday: July 2014 #2

FTC Sues Amazon Over In-App Purchases Made by Children - Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money...more

What is the Scope of the FTC’s Authority When it Comes to Data Security? Wyndham Asks Third Circuit to Consider

In early July, Wyndham Hotels asked the Third Circuit Court of Appeals to decide whether the Federal Trade Commission (FTC) has the authority to oversee corporate data security. Although the FTC has brought dozens of actions...more

International Safe Harbor Privacy Compliance: What You Need to Know

Since early 2014, the Federal Trade Commission has charged at least fourteen U.S. businesses in varying industries, from fashion to telecommunications, for falsely claiming to participate in the US – EU Safe Harbor privacy....more

Week in Review

According to an article in The New York Times this week, high level executives make up the majority of tablet users in the workplace. That may change, though, as in the workplace tablet usage increases. It was predicted this...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

Court Certifies Interlocutory Appeal for the FTC v. Wyndham Matter

This blog previously discussed various aspects of the Federal Trade Commission (“FTC”) action filed against Wyndham Worldwide Corp. (“Wyndham”) under Section 5 of the FTC Act, which prohibits “unfair and deceptive acts or...more

Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has...more

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the...more

Wyndham Gets Life Preserver in Data Breach Case

New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. ...more

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

Risk of Data Breaches Keeping You Up? Assess Data Security Before The Holiday Season

Data security breaches marred the 2013 holiday season for many consumers and retailers. The most famous security breach, at Target Corporation (Target), involved the loss of information on 40 million payment cards and...more

FTC Report Seeks Congressional Review of Data Broker Industry

As the advent of “big data” increasingly takes center stage in the data and privacy sphere, data brokers—companies that compile and resell or share consumers’ personal data—have come under increased scrutiny. On May 27, 2014,...more

Policyholders are Exposed to Cyber-Risk from Their Third Party Contracts

The use of third party technology service providers has become widespread and commonplace in all industries. Technology services like “cloud” data storage providers and software as a service (SaaS) allow companies of all...more

Enforcement Action – FTC Is Not Backing Down and Laboratory Company Goes After a Cyber-Intelligence Company

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to regulate the security of...more

Back Off Business, Cybersecurity Is FTC's Turf Now

On March 7, 2014, U.S. District Judge Esther Salas in New Jersey issued a much anticipated decision rejecting a direct challenge to the Federal Trade Commission’s authority to police corporate cybersecurity practices. Seeking...more

Top 10 Privacy Considerations for Digital Marketing Campaigns

In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral...more

Privacy Alert: Judge Backs FTC Authority in Data Breach Case Against Franchisor

On April 7, a federal judge denied the motion of Wyndham Hotels & Resorts, LLC (“Wyndham”) to dismiss a complaint brought by the Federal Trade Commission (“FTC”) for unfair or deceptive acts or practices based on alleged...more

No Judicial Review of FTC Jurisdiction until the Agency Takes a Final Action

Companies that handle personal data may need to litigate an FTC enforcement action to its conclusion before a court will review the Commission's jurisdiction to commence the enforcement action in the first place....more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

Dealing with a Data Broker? Here's What you Need to Know

The FTC recently released its report, “Data Brokers: A Call for Transparency and Accountability.” The report is the result of a study of nine data brokers and provides legislative recommendations...more

The “Internet of Things” Rises

Refrigerators that tell you you’re out of milk, cars that warn of an imminent collision, implants that know if you’ve taken your medicine—by tying almost anything into a wireless network, the “Internet of Things” promises to...more

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

FTC Releases Data Broker Report

Today, the Federal Trade Commission (FTC) released a long-awaited report on the data-broker industry. In the report, the FTC characterized data brokers as operating with a “fundamental lack of transparency.” The report, which...more

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