News & Analysis as of

Encryption

Get Ready for New Data Transfer Security Standard for POS Systems

by Bryan Cave on

Retailers are still feeling the pain from implementing EMV-compliant POS systems. An article by Kate Fitzgerald in the PaymentsSource Technology newsletter (August 8, 2017) caught our eye....more

German Government Tightens Rules for German Investment Control Covering M&A Transactions by Foreign Acquirers

by White & Case LLP on

On July 18, 2017, the Ninth Regulation Amending the Foreign Trade and Payments Regulation (Neunte Verordnung zur Änderung der Außenwirtschaftsverordnung ("AWV")) entered into force. The federal government is thus responding...more

Alert: Export Control Reminder: Semi-Annual Encryption Reporting Deadline 8/1/17

by Cooley LLP on

August 1, 2017, is the deadline for submitting semi-annual reports for certain ENC Restricted encryption items exported or re-exported between January 1 and June 30, 2017, pursuant to paragraphs (b)(2) and (b)(3)(iii) of...more

Multi-level Encryption Patent Survives § 101 Challenge in District Court

by Knobbe Martens on

On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by TecSec, Inc. (“TecSec”) are invalid...more

Cybersecurity Steps Every Lawyer Should Consider

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

Someone Needs a Digital Makeover: Rethinking NAFTA in the Digital Economy

by Patrick Law Group, LLC on

When the North American Free Trade Agreement went into effect on January 1, 1994, there were an estimated 10,000 websites, most people used dial-up online services, Google had not yet become a verb, and the first online...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...more

A New Member in the Big Club – New Mexico Becomes the 48th State with a Breach Notification Law (+ Disposal and Service Provider...

by Locke Lord LLP on

Effective June 16, 2017, New Mexico will join 47 other states (as well as the District of Columbia, Guam, Puerto Rico, and the Virgin Islands) by imposing breach notification requirements on entities experiencing information...more

Governor Signs Amendment to Tennessee Data Breach Notification Law

by Bass, Berry & Sims PLC on

During the recent 110th Regular Session of the Tennessee General Assembly, Governor Bill Haslam signed into law an amendment to the Tennessee Identity Theft Deterrence Act of 1999....more

Compliance into the Weeds-Episode 39, Disclosure of Ransomware Attacks

by Thomas Fox on

In this episode Matt Kelly and I take a deep dive into the question of whether a company has a duty to disclose ransomware attacks. We consider it from the regulatory, legal, ethical, law enforcement, business, PR and some...more

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

by Seyfarth Shaw LLP on

In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of...more

When “WannaCry” Strikes: Preparing for and Responding to the Largest Ransomware Attack in History

As many around the world were preparing for the Mother’s Day weekend, the WannaCry ransomware attack hit over 70,000 organizations in nearly 100 countries in just one day, Friday, May 12th. After the weekend, the attack had...more

New ABA Opinion – Attorneys Must Take Reasonable Cybersecurity Measures To Protect Client Data

by Dentons on

On May 11, 2017, the American Bar Association (ABA) issued Formal Opinion 477, making clear that a lawyer may transmit information relating to the representation of a client over the Internet without violating the Model Rules...more

Another HIPAA Settlement: Stolen Laptop Costs $2.5 Million Plus Encryption Requirement

by Perkins Coie on

The U.S. Department of Health and Human Services (HHS) recently announced yet another HIPAA privacy and security settlement involving Protected Health Information (PHI) on a stolen laptop. Although this might be seen as just...more

New York stiffens data protection regs

by Thompson Coburn LLP on

New York has once again positioned itself as a leader among states by recently implementing one of the most detailed and stringent data security regulations to date. It should come as no surprise that New York is a prime...more

TMT China Brief - Winter/Spring 2017

by Hogan Lovells on

Welcome to this edition of our bi-annual TMT China Brief! This edition features a total of 15 articles which capture the significant TMT developments in Greater China in the Winter/Spring 2017. These developments cover an...more

New Mexico Becomes 48th State To Enact Data Breach Notification Law

by Dentons on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the only two states without such a law. The New Mexico law goes into effect June 16, 2017....more

Tennessee Adds New Encryption And Timing Requirements To Its Data Breach Notification Law

by Dentons on

On April 4, 2017, Tennessee Governor Bill Haslam signed into law an amendment to the state’s data breach notification law, making two substantive changes to the statute...more

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

by Dickinson Wright on

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more

Heads Up, App Developers: Google Is Getting Serious About Privacy and Data Security in Apps

Beginning March 15, 2017, Google began removing apps from Google Play, its online marketplace where apps and other digital media are offered for download and use on the Android platform, for failing to comply with Google’s...more

N.Y.’s New Cybersecurity Regulations: What Financial Services Companies Need to Know

With corporate data security breaches on the rise, the New York State Department of Financial Services (NYDFS) has adopted rules requiring financial institutions to take certain measures to safeguard their data and inform...more

HIPAA Guidance Issued on Man-In-The-Middle Attacks

by McGuireWoods LLP on

Last week, the Office of Civil Rights (OCR) issued guidance on securing end-to-end communications for sensitive information transmitted between parties over the internet. The OCR warns against “man-in-the-middle” (MITM)...more

Tennessee Legislature Amends (Again) Its Data Breach Laws

by Butler Snow LLP on

As I blogged about here, last year the Tennessee legislature amended its data breach laws to become the first state in the U.S. to remove the encryption safe harbor from its definition of a data breach, which required notice...more

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Cybersecurity

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