Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business.
...more
9/4/2024
/ Acquisitions ,
Artificial Intelligence ,
Construction Industry ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Medical Devices ,
Mergers ,
National Security ,
Presidential Elections ,
Product Recalls ,
Ransomware ,
Risk Management ,
Technology Sector
MIT Report Details New Cybersecurity Risks -
“Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.”
Why this is important: Worldwide spending...more
5/14/2024
/ Artificial Intelligence ,
Biometric Information ,
Biotechnology ,
Breach Notification Rule ,
Copyright ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
GAO ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
NATO ,
NIST ,
Non-Compete Agreements ,
Personal Data ,
Policies and Procedures ,
Privacy Laws ,
Regulatory Requirements ,
Restrictive Covenants ,
State Privacy Laws ,
Technology Sector ,
Unfair Competition
HHS Cybersecurity Performance Goals and the Healthcare Industry -
The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare...more
3/8/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Biometric Information ,
Cancer ,
Climate Action Plan ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
EU ,
Financial Institutions ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare ,
Incident Response Plans ,
Life Sciences ,
Online Safety for Children ,
Personal Information ,
Pharmaceutical Industry ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
Security Breach ,
Technology Sector
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law. Instead, the United States applies a sectoral approach to its...more
1/17/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
The Current Status of Privacy Laws Across the United States -
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
1/17/2024
/ 3D Printing ,
Algorithms ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Hackers ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
New Legislation ,
New Regulations ,
New York ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Public Schools ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology
Revisiting…Are Automakers Making Sufficient Efforts to Protect Customer Data?
As a follow-up to our previous article and webinar, “Are Automakers Making Sufficient Efforts to Protect Customer Data?", we are addressing the...more
12/20/2023
/ American Civil Liberties Union (ACLU) ,
Automotive Industry ,
CEOs ,
CFTC ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Life Sciences ,
Manufacturers ,
Personal Data ,
Public Schools ,
Regulatory Agenda ,
Remote Working ,
Securities and Exchange Commission (SEC) ,
Surveillance ,
Technology Sector
As a follow-up to our previous article and webinar, “Are Automakers Making Sufficient Efforts to Protect Customer Data?”, we are addressing the recent 9th Circuit decision in Jones v. Ford Motor Co. At issue in this matter...more
12/19/2023
/ Automotive Industry ,
Customer Privacy ,
Cybersecurity ,
Data Protection ,
Failure To State A Claim ,
Ford Motor ,
Hardware ,
Motion to Dismiss ,
Personal Information ,
Software ,
State Privacy Laws
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National Highway Traffic Safety Administration (“NHTSA”) has broad regulatory...more
9/27/2023
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Encryption ,
Federal Trade Commission (FTC) ,
FTC Act ,
Internet of Things ,
Motor Vehicles ,
NHTSA ,
Privacy Laws ,
Section 5 ,
Technology Sector
Are Automakers Making Sufficient Efforts to Protect Customer Data?
With the ever-expanding Internet of Things, data privacy is a growing concern in today’s digital age. The automotive industry is no exception. The National...more
9/27/2023
/ Artificial Intelligence ,
Automotive Industry ,
Censorship ,
Consumer Privacy Rights ,
CRISPR ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
DNA ,
Educational Institutions ,
Hackers ,
Information Technology ,
Internet of Things ,
Life Sciences ,
Machine Learning ,
NHTSA ,
Personal Data ,
Popular ,
Regulatory Freeze ,
Regulatory Oversight ,
Risk Management ,
Social Media ,
Technology Sector
Generative AI has Its Risks, but the Sky isn't Falling -
“The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.”
Why this is important: Generative...more
7/3/2023
/ Artificial Intelligence ,
Authorship ,
Biometric Information Privacy Act ,
Bots ,
Consumer Privacy Rights ,
Copyright ,
Data Protection ,
Facial Recognition Technology ,
Intellectual Property Protection ,
Liability ,
Machine Learning ,
Music Industry ,
Policy Statement ,
Popular ,
Privacy Laws ,
School Districts ,
Technology Sector ,
The Copyright Act
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Tech Vendors and Cybersecurity – Are They Responsible?
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
4/25/2023
/ Algorithms ,
Archived Data ,
Artificial Intelligence ,
Burden of Proof ,
Commercial Litigation ,
Content Publishing ,
Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Defamation ,
Educational Institutions ,
Electronic Communications ,
Electronically Stored Information ,
Fox News ,
Free Speech ,
Indemnification Clauses ,
Indemnity ,
Libel ,
Machine Learning ,
News Stories ,
Personal Information ,
Political Speech ,
Popular ,
Risk Management ,
Robots ,
School Districts ,
Settlement ,
Social Media ,
Software ,
Software Developers ,
Students ,
Technology Sector ,
Vendor Contacts ,
Vendors
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data...more
4/25/2023
/ Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Indemnification Clauses ,
Indemnity ,
Software ,
Software Developers ,
Technology Sector ,
Vendor Contacts ,
Vendors
It is imperative that a company knows what data it holds, why it is holding it, where it holds it, and who has access to it. The old adage that information is power leads many to believe that holding on to as much data as...more
What Employers Can Do When a Union Knocks on Their Door -
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more
4/6/2023
/ 3D Printing ,
Amended Rules ,
Building Codes ,
Business Development ,
Citations ,
Construction Industry ,
Construction Project ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Enforcement Actions ,
Environmental Policies ,
Florida ,
Highways ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
North Carolina ,
OSHA ,
Pennsylvania ,
Permits ,
Property Owners ,
Proposed Legislation ,
Remote Working ,
State and Local Government ,
Sustainable Projects ,
Unions ,
Workplace Safety
The U.S. does not have a federal data privacy law. In the absence of an all-encompassing data privacy law, the U.S. has a myriad of individual state privacy laws. The significant state data privacy laws that are often used as...more
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more
12/7/2022
/ Bias ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Credit Reports ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Enforcement Actions ,
Financial Services Industry ,
Legislative Agendas ,
Loan Applications ,
Loan Forgiveness ,
Nursing Homes ,
Popular ,
Student Loans ,
UDAAP ,
Unfair or Deceptive Trade Practices
Cybersecurity Is Everyone’s Responsibility -
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have...more
Seven North Carolina Colleges Secretly Tracked Social Media Posts of Students, Protesters
"A new report shows seven North Carolina universities monitored social media platforms to keep an eye on things like protests or...more
IRS Says It Exposed Some Confidential Taxpayer Data on Website "Tax agency says error led to posting about some taxpayers with IRAs." Why this is important: In the last issue of Decoded, we discussed the fact that the IRS...more
CFPB Takes Action to Protect the Public from Shoddy Data Security Practices
"The bureau said the circular does not suggest that particular security practices are specifically required under the Consumer Financial...more
9/7/2022
/ Blockchain ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Financial Institutions ,
Non-Fungible Tokens (NFTs)
CHIPS and Science Act Will Lower Costs, Create Jobs, Strengthen Supply Chains, and Counter China
"Spurred by the passage of the CHIPS and Science Act of 2022, companies have announced nearly $50 billion in additional...more
Data Privacy, Abortion Limits Set to Collide Post-Roe "Even before the June 24 ruling in Dobbs v. Jackson Women’s Health Organization, privacy advocates, concerned that data on women seeking abortions could be used to target...more
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
In the beginning of the 2000s, as a result of the advance in technology, the Federal Trade Commission (“FTC”) looked to Congress to pass legislation that would ensure protection of citizens' privacy rights. However, Congress...more