Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

Morrison & Foerster LLP
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In This Issue:

- Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents?

- Mandatory “Made-In” Labeling in the EU

- A New Dawn for California Class Actions

- Recent MoFo Blog Updates

- Key Court Developments

- Webinar on Big Data and the Internet of Things – From Theory to Practice

- Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents?:

Although not legally required to do so, businesses that experience a data breach often provide free credit monitoring or identity theft prevention services to affected consumers. Offering these services can assist potentially affected consumers, help to rebuild a business’s relationship with its customers, and may mitigate potential damage to consumers caused by misuse of their personal information. But at the end of the day, it is generally the business’s decision whether to incur the costs of these services on top of other breach-related costs. That discretion may be about to disappear. Recent highprofile data breaches have prompted legislators at both the state and federal levels to introduce legislation that would impose a variety of new requirements in the event of a breach. Although these new laws differ in many respects, one emerging trend is the codification of a requirement that businesses offer free credit monitoring or identity theft prevention services to affected consumers.

Please see full publication below for more information.

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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.

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