News & Analysis as of

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

California's Privacy Laws on the Move

The State of California, long the most proactive U.S. state in enacting data privacy laws, has again modified its breach notification and data protection laws. This week, Governor Jerry Brown signed two privacy bills into...more

California Passes New Data Breach Laws: Requirement to Offer Identity Theft Protection at No Cost, New Duties Imposed on...

California added new provisions to its data breach law on October 1 by signing Bill AB 1710 into law. The amendment to California’s Civil Code (1) requires entities that experience a data breach to provide identity theft...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

Cyber Security: Forewarned is Fair-Warned

When Wei Wong, owner of Sushi Mushi, a popular Japanese food bistro in Texas, installed a phone add-on to take credit and debit card payments straight from his employees’ phones, his revenues skyrocketed. Yesterday the Feds...more

Data protection issues for Google trouble BIG DATA business

Data protection issues for Google in Italy are not over. The Italian Data Protection Authority (DPA) has now challenged their privacy information notice requiring – among others – an express consent from users to their...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

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

New rules for biometric data

New rules on the usage of biometric data issued by the Italian data protection authority (the “Garante” or “DPA“) are meant to clarify the applicable obligations with the purpose to ease the adoption of technologies relying...more

Legal Briefs: A periodic summary of judicial decisions affecting accounting and financial services professionals – May 2014

Loss of Confidential Electronic Data: New Risks for Financial Professionals - Recent highly publicized incidents of "hacking" of sensitive customer information should cause accountants and other financial professionals...more

Connecticut Appellate Court Affirms Denial of Coverage Under CGL Policy for Data Breach

As more data breaches and information security events occur, the insurance industry will see more disputes over whether losses from these events are covered under commercial general liability (CGL) policies. In the latest...more

International Privacy - 2013 Year in Review

2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more

International Privacy - 2013 Year in Review - Ukraine

Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more

International Privacy - 2013 Year in Review - Canada

This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more

New PRC Consumer Rights Law fills legal void governing data privacy protections – get ready for 3/15/2014 effective date

The newly revised Consumer Rights and Interests Protection Law of the People’s Republic of China (the Consumer Rights Law, promulgated on October 25, 2013 and becoming effective March 15,2014) is the first revision of China’s...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

On the Second Day of Privacy, California Gave to Me……

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that... 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our...more

The Challenges of Compliance

Compliance, like many other aspects of the business world, is a balance of risks. Unfortunately, it often takes an organization being rebuked in some fashion before it realizes the importance of failure to be in compliance. ...more

European Parliament Adopts Compromise Amendments on Data Protection Regulation

Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

New California Law Protects Online Account Information

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised. On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B....more

California Data Breach Notification Laws Expand to Include Login Information

On Friday, September 27, California governor Jerry Brown signed a bill, S.B. 46, which increases the online protection of potential identity theft for Californians by requiring companies to give notice when a California...more

California Enacts Several Pieces of New Privacy Legislation

California is continuing to blaze new trails in the area of online data privacy. Gov. Jerry Brown recently signed into law several new pieces of privacy legislation. The new laws affect all operators of commercial Web sites...more

New Law Requires Local Public Agencies in California To Notify Anyone Affected by a Security Breach

Cities, Counties, Special Districts and School Districts Must Now Notify Those Impacted by Security Breaches - Gov. Jerry Brown recently signed Assembly Bill 1149 (AB 1149) and Senate Bill 46 (SB 46) into law,...more

Vermont Grocery Store Agrees to Settlement with Attorney General for Alleged Violation of State Data Breach Response Laws

Natural Provisions, Inc., a Vermont health foods grocery chain, agreed to pay $30,000 to settle claims brought by the Vermont attorney general that it failed to notify consumers and the attorney general within the statutory...more

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