Privacy, the gig economy, and access to digital information in our cars were all issues on ballots Tuesday for direct response of the voters. U.S. technology companies will be affected by the results of these...more
11/9/2020
/ Ballot Measures ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Privacy Laws ,
State and Local Government ,
Technology Sector
A few years ago, if you wanted to wreak havoc online, you needed some skill. You needed to understand coding and how to break into other computers. You needed to develop attack bots and probe for vulnerabilities....more
Some companies don’t seem to care about privacy compliance. They may not have the money to build a compliance regime. They may not believe in the laws or believe that the laws would ever be applied to them. They may just not...more
Historians believe we have started a fourth industrial revolution where physical, digital, and biological worlds will merge to form the basis of a new economy. One of the key elements of this transformation is the emergence...more
Most people have a warped and deeply unrealistic understanding of data security.
There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more
The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more
8/12/2020
/ Contract Terms ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
International Data Transfers ,
National Security ,
Personal Data ,
Standard Contractual Clauses ,
UK Brexit
For 25 years – since the introduction of Internet Explorer 2 – our browsers supported third-party cookie technology that formed the basis of internet advertising.
The cookie party is ending.
Tech lawyers and business...more
Although it seems that every day less people care about their privacy, the ability to maintain parts of your life as private remains crucial to our democracy, our economy, and our personal wellbeing. Many people expose their...more
6/5/2020
/ Anonymity ,
Big Data ,
Coercion ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Personal Information ,
Privacy Concerns ,
Privacy Laws ,
Reputation Management ,
Reputational Injury ,
Video Privacy Protection Act
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more
This is one of several client alerts in a series counting down to the date when CCPA applies (Almost 1 month to go) -
The California Consumer Privacy Act (CCPA) takes effect for businesses January 1, 2020. Don’t wait to...more
11/27/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Data Sellers ,
Employee Privacy Rights ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Website Owner Liability
This is one of several client alerts in a series counting down to the CCPA effectuation date.
Don’t wait to implement your California Consumer Privacy Act (“CCPA”) compliance mechanisms as changes to your operations may be...more
10/24/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Processors ,
Data Protection ,
Online Safety for Children ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Delete ,
State Data Breach Notification Statutes
On August 1st, the Hamburg Commissioner for Data Protection and Freedom of Information announced that the Hamburg Data Protection Commission (HDPC) had opened an administrative procedure to prohibit Google from carrying out...more
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more
8/2/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Right to Delete
One of the EU’s chief complaints against US privacy practices is the lack of enforcement of the EU-U.S. Privacy Shield Framework (Privacy Shield). Last week we saw a US enforcement action that may allay this concern. The US...more
Last week, the New York State Senate, at the request of the state attorney general, passed the “Stop Hacks and Improve Electronic Data Security Act” (the “Shield” Act). The bill is currently working its way through the New...more
Oregon amended its data breach notice statute (ORS §§ 646A.600 – 646A.628) on May 24, 2019. Beginning January 1, 2020, Oregon will be the first state to explicitly require vendors to notify the attorney general about data...more
The California State Assembly has passed several amendments to the California Consumer Privacy Act (CCPA) this legislative session. Among the total of four CCPA amendments that were passed in the Assembly this week, two have...more
6/3/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Customer Information ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Employer Liability Issues ,
Employment Litigation
California’s Consumer Privacy Act (CCPA) will go into effect on January 1, 2020. CCPA can apply to businesses even if they do not have offices or employees in California. For-profit businesses that collect or use personal...more
Much has been made of California Governor Gavin Newsom’s recent endorsement of “data dividends”: payments to consumers for the use of their personal data. Common Sense Media, which helped pass the CCPA last year, plans to...more
Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...more
1/3/2019
/ Breach of Duty ,
Cybersecurity ,
Data Breach ,
Data Security ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Negligence ,
PA Supreme Court ,
Personally Identifiable Information ,
Popular ,
Reasonable Care
Tacking an entirely new direction from other US states, Ohio has decided to offer defensive legal protection to businesses who have built a cybersecurity regime around well-known industry standards, even where those...more
11/7/2018
/ Blockchain ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Federal Information Security Modernization Act (FISMA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Popular ,
Safe Harbors ,
Smart Contracts
Canada now follows the US trend to require reporting of personal data exposures. Beginning November 1, 2018, a change in the law will require companies subject to Canada’s federal data protection laws to report data breaches...more
“New threats and a new era of strategic competition” have prompted the White House to roll out a new National Cyber Strategy. As identified below, the Strategy contains important priority initiatives that will advantage many...more
9/28/2018
/ Critical Infrastructure Sectors ,
Cyber Crimes ,
Cybersecurity ,
Data Security ,
National Security ,
Popular ,
Private Sector ,
Risk Mitigation ,
Technology Sector ,
Telecommunications ,
Transportation Industry
You may be paying for cyber insurance that will not cover the most significant cyber risks faced by your business.
Recent studies call into question whether a company can insure against the unprecedented huge fines for...more
9/20/2018
/ Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Protection ,
Data Security ,
EU ,
Extraterritoriality Rules ,
Fines ,
General Data Protection Regulation (GDPR) ,
Member State ,
Popular
In July, we published a client alert answering key questions about the CCPA. However, state lawmakers have made additional changes to the law since then. Below is an updated overview showing the amendments in bold...more
9/7/2018
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action