News & Analysis as of

Breach Notification Rule Data Breach

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...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

Senate Bill Introduced To Protect Personally Identifiable Information

by Jackson Lewis P.C. on

Primarily motivated by the several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and...more

Bill Proposes Jail Time for Executives Who Conceal Data Breaches

by Alston & Bird on

On November 30, 2017, a group of U.S. senators re-introduced a bill, known as the Data Security and Breach Notification Act, which seeks to impose criminal liability of up to five years of jail time on any corporate executive...more

GDPR Breach Notification Checklist

by Womble Bond Dickinson on

U.S. companies now have to consider breach notification requirements under the GDPR in addition to data breach notification laws in the U.S. (enacted by 48 states and numerous regulators). Follow our chart to determine if...more

How Employers Can Become Experts at Data Breaches: HR service providers

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were inadvertently responsible for the loss of information about...more

Clinical trials Part II: Privacy, cybersecurity risks, and managing ePHI

by Thompson Coburn LLP on

The ongoing digitization of the drug and medical device industries continues, and, as a result, new considerations have come to the forefront for companies engaged in clinical trials. In Part 1 of this series, we described a...more

Hilton Settles NY and VT State AG Investigation into 2015 Data Breach; Pays $700,000 Civil Penalty

by Kelley Drye & Warren LLP on

New York Attorney General Eric T. Schneiderman and Vermont Attorney General TJ Donovan (“Attorneys General”) announced a settlement with Hilton Domestic Operating Company, Inc. (“Hilton”) resolving allegations that the...more

GDPR and personal data breaches: what, when, who, and how?

by Dechert LLP on

What is a ‘personal data breach’? First things first, what exactly is a personal data breach? The GDPR defines it as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised...more

‘Tis the Season . . . for Insurance Model Laws

by Faegre Baker Daniels on

They seem to come earlier every year, don’t they? Grab your seasonally spiced latte and huddle around the bonfire to read the final version of the Insurance Data Security Model Law (Data Security Model) adopted by the...more

How Employers Can Become Experts at Data Breaches: Breaches involving employee health information

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

The Article 29 Working Party Releases Draft Guidelines on Breach Notification

by WilmerHale on

On October 18, the Article 29 Working Party released its draft of “Guidelines on Personal data breach notification under Regulation 2016/679” (“Guidelines on Personal data breach notification,” WP250). The guidelines are not...more

Avoid the Headlines: Six Initial Steps To Take Today To Improve Your Company's Data Security

Unless you have been living under a rock, you are probably aware that companies are suffering cyber attacks that jeopardize sensitive company or customer data more and more frequently. What you may not know is that even more...more

Virginia Amends Data Breach Notification Law

by Alston & Bird on

Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and...more

Data Privacy + Cybersecurity Insider - October 2017 #2

by Robinson & Cole LLP on

FBI Issues Flash Alert on Apache Struts Vulnerability - The Apache Struts vulnerability has been mentioned frequently in the media over the past month, as it is believed to have been involved in one of the largest and most...more

Lessons From Equifax – Trends on Data Breach of Employee Information

by Kelley Drye & Warren LLP on

The recent Equifax breach data and public missteps in handling the breach has companies revisiting their cybersecurity measures and refreshing their breach response plans. Although not every company has consumer data likely...more

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Equifax Fallout Could Boost Consumers' Shaky Harm Claims

Tim Toohey was quoted in Allison Grande’s article that ran in Law360 on October 6, 2017, discussing the Equifax data breach and the congressional hearings in both the Senate and House following the breach. The hearings have...more

Financial Services Committee Rounds Out Equifax Hearings

by Cozen O'Connor on

The House Financial Services Committee this morning rounded out a full week of congressional hearings for former Equifax CEO Richard Smith. Chairman Jeb Hensarling (R-TX) reiterated his earlier calls for national standards...more

Alert: New Law Heightens Cybersecurity Requirements for Delaware Residents

by Cooley LLP on

On August 17, 2017, Governor John Carney signed into law bi-partisan legislation that increases cybersecurity protections for Delaware residents whose personal information may be compromised as a result of a data breach....more

Equifax Breach: 3 Immediate Steps Leading Companies Are Taking To Respond

by Fenwick & West LLP on

Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers, announced in September that it had suffered a data breach exposing personal information of up to 143 million...more

GDPR Update Data breaches and notifications (Dutch)

by Dentons on

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data...more

GDPR Update: Data Breaches and Notifications

by Dentons on

Under the GDPR, data security plays a prominent role and the GDPR imposes strict obligations on data controllers and data processors regarding security. While the Dutch Data Protection Act (DDPA) already includes a data...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

by Foley & Lardner LLP on

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Equifax Breach: Three Takeaways from the First Four Days

by Mintz Levin on

On September 7, 2017, Equifax, one of the three large credit reporting bureaus, announced a cybersecurity incident impacting approximately 143 million U.S. consumers. According to Equifax, the breach occurred mid-May through...more

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Cybersecurity

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