News & Analysis as of

The Uber Playbook: 5 Best Practices for Protecting Data Privacy

The risks are significant if managing sensitive data is not part of a proactive plan—the consequences can include penalties, sanctions and reputational damage....more

New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility

For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card...more

Russian Cyberattack May Trigger State Security Laws And Notification Obligations

Now that entities are aware that at least 1.2 billion records have been compromised from websites spanning across all industries, a question arises whether entities have an obligation to investigate whether their websites...more

The Great Russian Internet Heist – What Now?

A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

Employment Law Commentary -- Volume 26, Issue 7 July 2014 -- Building A Workforce Culture Of Data Security In The Post-Snowden Era

Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation, with recommendations for practical steps that companies may take to...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

Delaware's New Data Destruction Law Takes Effect January 1, 2015

Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take...more

Have You Upgraded Your XP Yet?

Microsoft officially ended support for Windows XP in April 2014, but not everyone has made the decision to upgrade their operating systems. By choosing to stick with Windows XP, users may be leaving themselves vulnerable to...more

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...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

Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that...more

Russia moves to ban exports of personal data

The Russian Parliament has just passed new rules requiring personal data of Russians to be stored in Russia. This could mean that the big US IT vendors and other businesses that service Russian consumers will have to invest...more

Florida Introduces Stringent Obligations with New Data Breach Law

In the wake of increasing pressure due to data breaches, Florida is introducing a stringent new data breach law to protect its residents from identity theft and financial harm. The new Florida Information Protection Act of...more

Florida Passes New Data Breach Notification Law Requiring Enforcement of Civil Penalties For Untimely Notice

Personal information now includes online account information, health insurance policy numbers, and medical information - Florida Governor Rick Scott signed into law the Florida Information Protection Act of 2014...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

Is this the Beginning of a New Era in State Data Breach Notification Laws?

An Overview of the Florida Information Protection Act of 2014 (FIPA) - On June 20, 2014, Florida Governor Rick Scott approved FIPA. This comprehensive new data security law becomes effective July 1, 2014. The nature of...more

Important Changes Under MN Data Practices Act for Public/Private Contracts for Government Functions

On May 29, 2014, the Minnesota governor signed into law Senate File 1770, which makes a company’s or private individual’s records subject to Minnesota public records law – the Minnesota Government Data Practices Act – when...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

Supreme Court Issues New Interpretation Upsetting Established Protocol for Obtaining Internet Service Subscriber Information

On Friday, June 13, 2014, the Supreme Court of Canada issued a landmark decision (R v Spencer) upsetting a common interpretation of a provision of the Personal Information Protection and Electronic Documents Act (PIPEDA) that...more

Don’t forget to close the back door: Vendor management and privacy

When you enter into a contract with a vendor that will access, use or disclose your customer or employee personal information, assume that you are responsible for any unauthorized access to, use, or disclosure of that...more

Data Breach Laws Continue to Come

Retail. Financial services. Health care. Energy. Not an industry has been spared when it comes to recent data and cyber breaches, and the colossal damage that occurs to the interests of the company, its employees, and third...more

Google and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights

Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be...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

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...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

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