Data Security Federal Trade Commission

News & Analysis as of

Proactive Approach To Cybersecurity: Recent SEC guidance and enforcement actions suggest that reactive firms may be in the SEC’s...

In an environment where even the largest and most powerful corporations have fallen victim to data breaches, it can be challenging to fathom how to protect against the sophisticated and ever-evolving threat of cyber attacks....more

Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Privacy Tip #4—What do I do when I get a letter informing me of a data breach?

We’ve all gotten them–the dreaded letter that informs us that our data has been compromised, including our Social Security number. Some have received so many of these “notifications” that they are de-sensitized, throw their...more

Effects of Schrems Ruling on International Internal Investigations

In a recent landmark decision, Maximillian Schrems v. Data Protection Commissioner, Europe’s highest court struck down a US-EU agreement that allowed companies to move personal electronic data between the European Union and...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

ECJ Rules EU-US Safe Harbor Programme Is Invalid

The powers of EU data protection authorities are significantly strengthened by the decision, allowing them to suspend some or all personal data flows into the United States in certain circumstances. In Maximillian...more

Keep Calm and Data Transfer On (… mostly … for now) - M&E Cybersecurity & Data Privacy Alert

Most of you already have Twitter feeds, Facebook pages, and—the aged among you—in-boxes overflowing with news about yesterday’s decision from the European Court of Justice (“ECJ”). Some of you read each message, anxiously...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

European Union Advocate General Calls For High Court to Rule U.S.-EU Data Sharing Program Invalid

In an opinion that has the potential to seriously disrupt how U.S. companies can share data from Europe, on September 23, Advocate General (AG) Yves Bot of the Court of Justice of the European Union (CJEU) declared that the...more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, October 16, 2015 RWU Law Bristol, RI

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

Advocate General Of ECJ Rules EU Data Protection Authorities Can Investigate Complaints About Safe Harbor Programme

Data transfers can be suspended until investigation is complete. In Maximillian Schrems v. Data Protection Commissioner (case C-362/14), the Advocate General ruled that EU data protection authorities do have powers to...more

Privacy Monday, September 28, 2015: More on US-EU Safe Harbor — what’s next?

We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more

Schrems v. Irish Data Protection Commissioner: some further thoughts

As the dust begins to settle after the headline-grabbing Advocate General opinion in the Schrems v. Irish Data Protection Commissioner it may be worth considering some of the other potential implications arising from that...more

Just Like Neiman Case, FTC v. Wyndham Decision Not All It’s Cracked Up to Be

Back on July 20 this year, the Seventh Circuit Court of Appeals decided Remijas v. Neiman Marcus, leading a chorus of pundits to declare that case changed everything when it comes to data breach cases, signaling a “new tilt...more

California Attorney General’s Open Data Initiative – The Latest in State and Federal Government Efforts to Harness the Power of...

Early this month, California Attorney General Kamala D. Harris announced a unique data initiative to expand the public’s access to key criminal justice information that has been, to date, largely blocked from public...more

Return of the Cyborg—FTC and SEC Oversight of Cybersecurity Ramps Up

The government appears to be increasing its enforcement efforts regarding cybersecurity risks. A three-judge panel of the U.S Court of Appeals for the Third Circuit recently held the FTC may bring a claim that a company’s...more

Financial Services Report, Fall 2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

Ashley Madison Breach Another Warning To Companies

Add dating website Ashley Madison to the list of large companies like Target, Home Depot and Michael’s that have had customer information stolen by hackers. Published reports say Ashley Madison is now facing multiple lawsuits...more

Securities Litigation and Enforcement Newsletter

A CD or not a CD, That is the Question… That the Auditors Should Have Answered - A headline-grabbing SEC enforcement action last week against BDO USA and several of its national partners may lead audit firms to insist on...more

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