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General Business Consumer Protection Privacy

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

EU issues warning on data transfers to the UK post-Brexit

by Dechert LLP on

The European Commission has issued a notice explaining some of the legal ramifications of Brexit on transfers of personal data from the EU to the UK....more

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

by Knobbe Martens on

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more

GDPR: FAQ for Non-EU Fund Managers

The General Data Protection Regulation (the “GDPR”) comes into force automatically in each of the European Union Member States (“EU”) on 25 May 2018. Data protection regulation is not new, with the GDPR building on what is...more

Transferring Data from China: Who Must First Pass a Pre-Export Security Assessment?

by McDermott Will & Emery on

China’s new data protection framework clearly creates a requirement for local storage and conducting a security assessment before personal information or important data is shared with other jurisdictions, but it is currently...more

DHS Amplifies Call for Public-Private Partnership in Cyberdefense and Pledges to “Intervene Directly”

The worldwide WannaCry attack from May 2017 has been officially blamed on North Korea. In a press briefing publicly announcing the Administration’s declaration of North Korean culpability, the Department of Homeland Security...more

NAIC’s Model Law Opens Door for State Data Security Standards

by Pessin Katz Law, P.A. on

There appears to be no stopping the continued breathtaking pace of cyberattacks as we head into 2018. In 2017, the Equifax data breach exposed the nonpublic information of over 140 million consumers; there were allegations...more

Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions

On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017....more

Sears Tries to Sell FTC on Settlement Tweaks

Should the Federal Trade Commission revise its 2009 settlement with Sears involving the company’s data security practices? In an administrative complaint, the FTC alleged that Sears Holdings Management Corp. failed to...more

Australia to Join APEC Cross Border Privacy Rules System

by King & Spalding on

Australia has announced that it will be joining the APEC Cross Border Privacy Rules (“CBPR”) system, a voluntary program that seeks to protect the transfer of information between APEC countries. This decision follows a...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

Does Your U.S. Company Pull Data From European Citizens? Fall In Line with GDPR by May 2018 or Suffer Substantial Fines

by Newmeyer & Dillion LLP on

The European Union (“EU”) has enacted a strict, comprehensive framework of security regulations aimed to protect its citizens. These regulations, known as the General Data Protection Regulation (“GDPR”), provide a blueprint...more

November 2017: Asia-Pacific Litigation Update

Safe Harbors in, Ipso Facto Clauses out: A (Long Overdue) Shake Up of Australian Insolvency Laws. The federal government has this month passed a suite of insolvency reforms with the consequence of significantly elevating the...more

GDPR Update: Transfer of Personal Data (outside the EEA) (Dutch)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA). ...more

Privacy Tip #115 – Cyber Monday Safe Online Shopping

It is estimated that we will spend $4 billion online this year, including on Cyber Monday, coming up in just a few days. With the increase in online shopping, particularly over the holidays, it is prime time for scheming...more

Forever 21 Latest Retailer to Suffer Credit Card Breach

Forever 21 has warned customers who used a credit card at any of its stores between March and October 2017 that their credit card may have been compromised....more

GDPR Update: Transfer of Personal Data (outside the EEA)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA)....more

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

by WilmerHale on

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

Ohio Proposes Act to Incentivize Consumer Data Security

by Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

Proposed Ohio Law May Encourage Businesses to Adopt Cyber Standards

Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in...more

Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims

by Carlton Fields on

Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be...more

Privacy Shield Gets Passing Grade

In reviewing the first year of implementation of the European Union-United States Privacy Shield, the Commission to the European Parliament and the Council declared it “adequate.”...more

The First Step to GDPR Compliance Is Reintroducing Yourself to the Individual

by NAVEX Global on

The European Union’s looming new General Data Protection Regulation will be one of the biggest GRC issues companies face in 2018. Its extraterritorial reach is sweeping, potential penalties are high, and conceivable...more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Second Circuit Refuses to Rehear Consent Revocation Case

In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more

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