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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

Senators Re-Introduce Bill Requiring 30-Day Notification of Company Data Breaches

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate....more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

The Government’s Role in Promoting and Leading Effective Cybersecurity

by Morgan Lewis on

Introduction - Data breaches have the power to inflict significant damage and consequences with the potential to bring a company, industry or government agency to its knees, or adversely harm those individuals whose...more

The New EU Privacy Law, General Data Protection Regulation — What A Non-EU Company Should Know

by Cozen O'Connor on

The new European privacy law, General Data Protection Regulation (GDPR), was approved by the European Union (EU) Parliament to replace its predecessor Data Protection Directive 95/46/EC (Directive). GDPR will be enforceable...more

Data Privacy + Cybersecurity Insider - December 2017

by Robinson & Cole LLP on

The Consumer Financial Protection Bureau (CFPB), one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney that it will no longer collect personal information of consumers...more

Cybersecurity 2018 – The Year in Preview: Biometrics

Editors’ Note: This is the fifth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more

When It Comes to Cybersecurity, Passwords are Passé

by Nexsen Pruet, PLLC on

In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access...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

FCC targets fraudulent robocalls with new call blocking rules

by Ballard Spahr LLP on

The FCC has issued a Report and Order and Further Notice of Proposed Rulemaking (Order) adopting new rules to allow voice service providers to proactively block calls from certain numbers that are suspected to be fraudulent....more

Cybersecurity 2018 – The Year In Preview: State Enforcement Trends

Editors’ Note: This is the fourth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

New York AG Wants to SHIELD State From Data Breaches

In the wake of the Equifax data breach, New York Attorney General Eric T. Schneiderman introduced a new measure to “close major gaps” in the state’s “weak and outdated” data security laws....more

Cybersecurity 2018 – The Year in Preview: Federal Enforcement Trends

Editors’ Note: This is the third of a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Up next: trends in state enforcement....more

Defining the GDPR’s Data Protection Officer Requirement

by NAVEX Global on

The European Union’s sweeping new General Data Protection Regulation goes into effect six months from now. Most ethics and compliance officers in the United States already know that, and most are responding with some degree...more

Consent Questionable in Online Lead Form, Court Rules

A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear....more

Parallel Universe or Coincidence: The CFPB’s New Data Consumer Protection Principles’ Relationship to GDPR

On October 18, 2017, the Consumer Financial Protection Bureau (CFPB) outlined nine non-binding Consumer Protection Principles (the Principles) for the access and sharing of consumer information between third-party companies....more

Dish Network’s TCPA Nightmare Continues

A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award....more

Cloud Security Alliance Releases Code of Conduct for GDPR Compliance

by Morgan Lewis on

Data owners and processors are working hard to make sure they have compliance programs in place by the time the European Union’s General Data Protection Regulation (GDPR) goes into force on May 25, 2018. To that end, a new...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...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

District Court Dismisses FACTA Complaint Because Plaintiff Fails To Allege An Injury-In-Fact

by King & Spalding on

On November 3, 2017, the U.S. District Court for the Southern District of New York dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint in Fullwood v. Wolfgang’s Steakhouse because the plaintiff failed to...more

Some Cyber Monday Shopping Tips

As you enjoy the holiday weekend, and even some Cyber Monday shopping, keep in mind these online shopping tips from the FTC: ..Know the seller and the item. Put the company or product name in a search engine, along with...more

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