Data Protection

News & Analysis as of

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

States Continue To Grapple With Data Breach Notification Issues

Connecticut’s data breach notification law currently requires notification “without unreasonable delay.” Effective October 1, 2015, Connecticut will (a) require notice of any breach of security not only “without unreasonable...more

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

California Attorney General Settlement Requires Hiring of Privacy Officer: Businesses with Web Presences Subject to Increasing...

On Friday, Oct. 2, home design and renovation company, Houzz, Inc., reached a settlement with the Office of California Attorney General Kamala Harris over allegations that Houzz had recorded customer and employee...more

FDA Regulatory and Compliance Monthly Recap — September 2015

Pacira sues FDA, alleging it illegally attempted to restrict truthful and non-misleading speech about its post-surgery pain drug Exparel - The drugmaker filed a First Amendment suit seeking an injunction to prevent the...more

Safe Harbor Decision today!

Today, the Court of Justice of the European Union (CJEU) handed down its ruling in relation to the Schrems case. As you will have heard, the Court decided that local DPAs should be entitled to investigate matters (regardless...more

Study reports draft EU Data Protection Regulation leaves gaps in protection when it comes to Big Data, Internet of Things and...

A study published 22 September 2015 criticises the EU’s development of its Digital Single Market (‘DSM’) strategy for being overly commercially and economically driven, with little attention to the key legal and social...more

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