Privacy & Cybersecurity Update - August 2018

Skadden, Arps, Slate, Meagher & Flom LLP

In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S. Department of Homeland Security's announcement of a new cybersecurity center aimed at public-private coordination. We also take a look at the Sixth Circuit's decision involving insurance coverage for social engineering fraud and the data protection adequacy agreement between Japan and the European Union.

Brazil Passes Its First General Data Protection Law

French Data Protection Authority Issues Warning to Two Companies for Potential GDPR Violations

DHS Announces New Cybersecurity Center Aimed at Public-Private Coordination of Cyber Operations

Sixth Circuit Says Policyholder’s Social Engineering Loss Covered by Computer Fraud Policy

Japan and EU Announce Adequacy Decision

Brazil Passes Its First General Data Protection Law

Brazil has enacted a new data protection law modeled on the European Union's General Data Protection Regulation.

On July 10, 2018, Brazil's Federal Senate (Federal Senate) unanimously approved the country's first General Data Protection Law (Lei Gerald de Proteção de Dados, or the LGPD),1 which was signed into law by Brazilian President Michel Temer on August 14, 2018. Much like the European Union's General Data Protection Regulation (GDPR), the LGPD establishes a comprehensive data protection system in Brazil and imposes detailed rules for the collection, use, processing and storage of electronic and physical personal data. The regulation will go into effect in February 2020.

Key Elements of the LGPD

Personal Data

Like the GDPR, the LGPD broadly defines "personal data" to include any information, whether by itself or in the aggregate, that is relatable to an identifiable natural person, and includes certain provisions that govern the collection and use of "sensitive personal data," which is defined as data that inherently places a data subject at risk of discriminatory practices. Sensitive personal data may include information on racial or ethnic origin, religious belief, political opinion, health and other information that allows unequivocal and persistent identification of the data subject, such as genetic data. Anonymized data is not considered personal data.

Extraterritorial Jurisdiction

The LGPD also is similar to the GDPR in its broad extraterritorial application. The Brazilian law applies to companies that: (1) carry out processing of personal data in Brazil; (2) collect personal data in Brazil; (3) process data related to natural persons located in Brazil; or (4) process personal data for the purpose of offering goods or services in Brazil.

Legal Basis for Data Processing

The LGPD provides 10 unique legal bases for processing personal data, which include when data processing is:

  • done with the express consent of the data subject;
  • necessary for compliance with a legal or regulatory obligation;
  • necessary for the fulfillment of an agreement;
  • necessary for the exercise of rights in a judicial, administrative or arbitration proceeding;
  • necessary to protect life or physical integrity;
  • necessary to protect health;
  • necessary for the implementation of political policies (for processing by the government);
  • necessary for purposes of credit protection;
  • necessary to meet the legitimate interest of the data controller or third parties; or
  • necessary for the performance of historical, scientific or statistical research.

With respect to consent of the data subject, the LGPD provides that consent may be waived where the data subject has "manifestly made public" his or her personal data. Where consent is not waived, a data subject's consent must be informed, revocable and provided for a specific purpose prior to the processing of the data subject’s personal data.

Data Protection Officers

The LGPD requires each data controller to appoint a data processing officer (DPO) whose responsibilities will include oversight of the organization's data processing activities and facilitation of data subject requests. This DPO role differs from the data protection officer role under the GDPR in that the LGPD DPO is an independent overseer of the company’s data protection activities and, as such, is not liable for such activities. The DPO may be an officer or an employee of the data controller, or of a third party provider, but in each case much perform his or her duties autonomously. In addition, unlike the GDPR, the LGPD DPO requirement applies to all controllers, without exceptions for small businesses or small-scale processors, although it is possible that the national data protection authority, once established, may identify certain exceptions to this requirement.

Data Protection Impact Assessment

The LGPD requires companies to generate a data protection impact assessment (DPIA) before undertaking personal data processing activities that may put data subjects at higher risk. The DPIA must document data processing activities that may create risks to data subjects, as well as the measures, safeguards and mitigation mechanisms the company has implemented to address those risks.

Data Transfer Restrictions

The LGPD imposes restrictions on cross-border transfers of personal data. Personal data may only be transferred to countries deemed to provide an adequate level of data protection, or pursuant to standard contractual clauses or other approved mechanisms. These adequacy decisions, standard contractual clauses and other transfer mechanisms will be issued by the national data protection authority when created.

Data Breach Notification

The LGPD requires companies to notify the national data protection authority within a “reasonable” time of any data breach. The period of time defined as reasonable is still to be determined by the data protection authority, though some experts believe that it is likely to mirror the GDPR’s 72-hour notice period given the overall similarities between the LGPD and the GDPR. Following receipt of the notice, the data protection authority will determine whether the data subjects must be notified and what mitigating steps must be taken by the company.

Penalties

The LGPD provides that the national data protection authority may impose sanctions for violation of the LGPD, including fines, or potentially even the total or partial prohibition of activities related to data processing. Fines may be up to 2 percent of the company's turnover in Brazil in its last fiscal year, limited in total to 50 million Brazilian reais per infraction (approximately US$12 million).

Key Takeaways

Companies that are already compliant with the GDPR will likely be in a position to comply with the LGPD without significant additional effort, as the two regulations include similar requirements for data processing, DPIAs and data transfers. Companies with data processing activities in Brazil and companies outside of Brazil that collect personal data from Brazilian residents should continue to monitor the implementation of the LGPD by Brazilian officials over the next 18 months so they can tailor their compliance programs accordingly.

French Data Protection Authority Issues Warning to Two Companies for Potential GDPR Violations

France’s data protection authority published a formal warning to two French companies regarding their geolocation data collection and retention practices. The warning provides some clarity on the GDPR’s consent and data retention standard.

In late July 2018, France’s data protection authority, the Commission Nationale de L'informatique et des Libertés (CNIL), published a formal warning to two companies — Teemo, Inc. (Teemo) and Fidzup SAS (Fidzup) — that allegedly collected and retained geolocation data in violation of the EU’s GDPR.2 The CNIL did not impose any fines on the companies, but stated that Teemo and Fidzup may be subject to penalties if they fail to obtain valid consent from data subjects and set an appropriate retention period for geolocation data within three months.

Teemo and Fidzup’s Personal Data Practices

Teemo and Fidzup provide software development kits (SDKs) that can be used in mobile applications to track the locations of users for purposes of sending targeted advertisements. Teemo’s SDK enables the collection of users’ geolocation data every five minutes. Fidzup’s SDK makes it possible to send targeted advertisements to users’ mobile phones whenever users are near a point-of-sale system installed by Fidzup.

Teemo and Fidzup maintained that they had received users’ consent to collect and process geolocation data. However, the CNIL performed audits and determined that the companies did not obtain users’ consent in a manner that would satisfy the GDPR’s requirements.

The CNIL found that users who downloaded mobile applications that incorporate Teemo’s SDK generally did not receive notice of Teemo’s geolocation data collection practices. When users downloaded a mobile application that included Fidzup’s SDK, the CNIL found that users generally did not receive any information about Fidzup’s purpose for collecting geolocation data or other information required under the GDPR. The CNIL also found that users could not download mobile applications without the SDKs and that users consented only to data processing by the mobile application provider and not for targeted advertising purposes.

Data Retention Under the GDPR

The CNIL’s warning to Teemo also provides some insight into how the CNIL views data retention practices under the GDPR. With some limited exceptions, the GDPR requires that personal data be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. The GDPR offers little guidance on how that determination should be made. In its warning, the CNIL stated that by retaining geolocation data for 13 months, Teemo violated its obligations under the GDPR to define and respect a data retention period proportionate to the purpose of the processing.

The CNIL noted that the use of geolocation devices is particularly intrusive with regard to individual freedoms, given that such devices allow companies to follow users permanently and in real time, but did not expressly explain why 13 months is too long a period of time to retain geolocation data for targeted advertising purposes.

Key Takeaways

The warning to Teemo and Fidzup provides some early insight into how data protection authorities like the CNIL may approach GDPR enforcement with respect to the consent and data retention requirement. Companies that must comply with the GDPR should continue to monitor warnings and enforcement actions by EU data protection authorities to inform their data processing practices.

DHS Announces New Cybersecurity Center Aimed at Public-Private Coordination of Cyber Operations

The Department of Homeland Security (DHS) will create a National Risk Management Center that will focus on protecting critical infrastructure from cyberattacks.

At the National Cybersecurity Summit in New York City on July 31, 2018, the Department of Homeland Security announced the creation of the National Risk Management Center (Center), a new component of DHS’s cyber operations. The Center will work directly with federal government and private sector partners to protect infrastructure such as banking, energy and election systems from cyberattacks. The Center will seek to:

  • identify and prioritize strategic risks to national critical functions;
  • integrate government and industry activities on the development of risk management strategies; and
  • synchronize operational risk management activities across industry and government.

The Center will be a continuation of existing efforts by DHS to protect critical national infrastructure and will work closely with the National Cybersecurity and Communications Integration Center (NCCIC), which was established in 2009. The NCCIC will remain DHS’s central hub for sharing threat indicators and providing incident response services. The Center will focus on understanding what threats are truly critical to private companies and the ways in which various public and private entities can communicate more effectively to reduce risk.

During her remarks at the summit, DHS Secretary Kirstjen Nielsen indicated that the creation of the Center was a response to the increasing threat of cyberattacks from foreign actors. Ms. Nielsen referenced Russian interference in the 2016 election and stated that cyberattacks posed a greater risk to national security than physical attacks.

DHS also announced the creation of a task force to be housed within the Center called the Information and Communications (ICT) Supply Chain Risk Management Task Force. The ICT Task Force will recommend solutions for identifying and managing risk within the global supply chain through policy initiatives and public-private partnerships.

At the summit, Secretary Nielsen compared combatting a cyber threats to solving a puzzle. The private sector brings to the table data about trends, implications and effects of an attack on businesses, while the public sector provides intelligence information that can be crucial to identifying the origin of the attack. The National Risk Management Center will focus on engaging both perspectives in hopes of bolstering critical infrastructure systems.

Key Takeaways

The success of the ITC Task Force, and the Center more broadly, may ultimately depend on buy-in from businesses in the private sector. While companies appear to be interested in receiving information regarding potential cyber threats from the government, some remain reluctant to share information with the government for fear of increased exposure to liability. The Center is an indication from the federal government that it recognizes the benefits to be gained from public-private partnerships.

Sixth Circuit Says Policyholder’s Social Engineering Loss Covered by Computer Fraud Policy

On the heels of a widely reported decision by the U.S. Court of Appeals for the Second Circuit holding that an insured was covered by a computer fraud policy for social engineering-related loss, the U.S. Court of Appeals for the Sixth Circuit recently issued a decision extending computer fraud coverage to losses incurred by a company as a result of a fraudulent email scam that wired over $800,000 to the fraudster’s account.

On July 13, 2018, the Sixth Circuit reversed a district court decision in favor of Michigan-based tool and die manufacturer, American Tooling Center, Inc. (ATC), concluding that its computer fraud insurer Travelers Casualty and Surety Company of America (Travelers) must cover an $834,000 loss suffered after ATC employees were tricked by an email spoofing scam that caused them to fraudulently wire company money to an imposter’s bank account.3

The Fraudulent Transfers and ATC’s Insurance Claim

The lawsuit, which we discussed in our December 2017 Privacy & Cybersecurity Update,4 arose in 2015, when a fraudster impersonating ATC’s Chinese manufacturing vendor, Shanghai YiFeng Automotive Die Manufacturers Co. Inc. (YiFeng), emailed ATC from an address closely resembling YiFeng’s and requested payment of over $800,000 in legitimate outstanding invoices to a new bank account that, unbeknownst to ATC, was controlled by the fraudster. After confirming that YiFeng was entitled to payment — but without verifying the new banking information — ATC wired payment to the fraudster-controlled bank account. By the time ATC detected the fraud, the money could not be retrieved.

ATC filed a claim under its Travelers crime policy, which provided computer fraud coverage for any “direct loss” that was “directly caused” by “Computer Fraud,” which was defined in part as “[t]he use of any computer to fraudulently cause a transfer.” Travelers denied the claim on the basis that ATC’s loss was not a direct loss that was directly caused by the use of a computer, and litigation ensued.

The District Court Denies Coverage

The U.S. District Court for the Eastern District of Michigan agreed with Travelers’ interpretation of the policy’s computer fraud coverage and granted summary judgment in Travelers’ favor, holding that ATC’s loss was not covered under the policy. The court reasoned that “[g]iven the intervening events between the receipt of the fraudulent emails and the (authorized) transfer of funds” — ATC’s verification that YiFeng was entitled to payment and initiation of the transfers without verifying bank account information — “it cannot be said that ATC suffered a ‘direct’ loss ‘directly caused’ by the use of any computer.” The court relied on Sixth Circuit precedent stating that “direct” is defined as “immediate” without any intervening events, as well as other district court decisions declining to extend computer fraud coverage to scenarios where an email is merely incidental to a fraudulent transfer.

The Sixth Circuit Reverses

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit reversed the district court’s decision, holding that ATC, not Travelers, was entitled to summary judgment. The panel rejected Travelers’ argument that the loss was not a “direct loss” as required under the policy and declined to follow the district court’s more narrow interpretation that “defie[d] common sense.” The mere fact that ATC legitimately owed $834,000 to YiFeng at the time it made the fraudulent transfer, and that ATC did not realize the fraud (or its loss) until later, did not bar ATC from “direct loss” coverage. The court concluded that there was no intervening event sufficient to break the required “direct” connection and that a direct loss occurred at the time ATC wired money to the fraudster, regardless of the fact that ATC did not find out about the fraud until later.

Similarly, the court rejected Travelers’ attempt to limit the meaning of “computer fraud” to “hacking and similar behaviors in which a nefarious party somehow gains access to and/or controls the insured’s computer.” The policy did not require the fraud to cause the computer’s actions and the Sixth Circuit panel refused to limit the definition in this way. Instead, the court held that the money transfer — prompted by the fraudster’s email spoofing — was covered by the meaning of “computer fraud” and that the fraud caused the direct loss, as required under the policy, since the ATC employees’ actions were all “induced by the fraudulent email.” The court declined to apply any coverage exclusions and ultimately reversed the district court’s decision, holding that Travelers was required to cover the loss.

On July 27, 2018, Travelers filed a petition for rehearing or rehearing en banc.

Key Takeaways

The Sixth Circuit’s decision is one of the latest decisions in what appears to be a growing trend in favor of broadly interpreting computer fraud coverage to extend to social engineering scams, even in the absence of a hacking incident or where the loss did not occur immediately after being tricked by the fraudster. Just last month, the Second Circuit similarly found that computer fraud coverage extended to a fraudulent transfer induced by email spoofing.5

Policyholders and insurers alike should keep an eye on the growing body of case law addressing coverage for social engineering loss, and insurance policies should be carefully drafted and reviewed to make sure that they properly reflect the parties’ intent.

Japan and EU Announce Adequacy Decision

Japan and the European Union recently announced an agreement to recognize each other’s data protection regimes as adequate. Once implemented, the agreement will permit the free flow of personal data between the two jurisdictions.

On July 17, 2018, Japan and the EU agreed to recognize each other’s data protection regimes as providing adequate protections for personal data. Once finalized, these "reciprocal adequacy" decisions will allow personal data to flow between Japan and the EU without being subject to additional safeguards. The mutual adequacy finding will enhance the benefits of the Japan-EU Economic Partnership Agreement (EPA), a free trade deal that was announced at the same time.

The European Commission is expected to formally adopt its adequacy decision on Japan in the fall of 2018. In connection with the decision, Japan agreed to implement additional safeguards to align with the EU's standards. Such additional safeguards have not yet been finalized, but will likely include stricter guidelines for the retransfer of personal data that originated from the European Economic Area (EEA) to a third country and additional limitations on the use of sensitive data. Japan also agreed to implement a new mechanism to allow European Economic Area residents to file complaints with Japan’s data protection authority if public authorities in Japan unlawfully access their data.

While the discussions between Japan and the EU were ongoing, Japan’s Personal Information Protection Commission (PPC) announced draft guidelines regarding the processing of personal data transferred from the EEA following the adequacy recognition.6 The draft guidelines were published for public comment in April 2018 and have not yet been finalized. According to the draft guidelines, five major substantive changes will be implemented with respect to the current Japanese regulations, as summarized in the chart below. The guidelines, once finalized, will apply only to personal data transferred from the EEA under the adequacy recognition.

Japanese Regulations

Key Takeaways

Today, some companies that transfer personal data from the EEA to Japan do so pursuant to standard contractual clauses (SCC) published by the European Commission. Japanese companies using SCCs might assume they can readily terminate these agreements once the adequacy decision is formally adopted. However, companies should keep in mind that the adequacy decision only applies to EEA-Japan transfers, and SCCs between the EU and other jurisdictions will need to remain in place. Companies also should keep in mind that the EU is likely to issue an updated version of the SCC which complies with GDPR requirements, and which will need to replace current SCCs.

__________________

1 No official English translation of the LGPD has been provided.

2 A translated version of the CNIL’s warning can be found here.

3 The decision is Am. Tooling Ctr., Inc. v. Travelers Cas. & Sur. Co. of Am., 895 F.3d 455 (6th Cir. 2018).

4 See our December 2017 Privacy & Cybersecurity Update here.

5 The decision is Medidata Sols. Inc. v. Fed. Ins. Co., 729 F. App’x 117 (2d Cir. 2018), which is detailed in our July 2018 Privacy & Cybersecurity Update here.

6 "Guidelines on the Law Concerning the Protection of Personal Information (Handling of Personal Data Transferred by Sufficiency Certification from within the EU)" can be found here. (Japanese only)

Download pdf

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Skadden, Arps, Slate, Meagher & Flom LLP | Attorney Advertising

Written by:

Skadden, Arps, Slate, Meagher & Flom LLP
Contact
more
less

Skadden, Arps, Slate, Meagher & Flom LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.