News & Analysis as of

Cloud Service Providers (CSPs)

No Coverage for Seafood Importer Netted in Phishing Scam

by White and Williams LLP on

On April 16, 2018, Beazley Group issued a report highlighting increased attacks on Microsoft’s cloud-based business products and services. The report stated that successful attacks typically are achieved by tricking employees...more

Compliance With HIPAA—Help For Small And Mid-Sized Providers

by Akerman LLP on

Based on the results of the Office for Civil Rights (OCR) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Phase 2 desk audits for covered entities, small and mid-sized providers (Smaller Providers) are on...more

Forecasting the Impact of the New US CLOUD Act

by Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

BREAKING: Indiana Enacts Cloud Software Tax Exemption

by McDermott Will & Emery on

This morning, Indiana Governor Eric Holcomb signed a bill into law that will exempt cloud-based software transactions from State Gross Retail and Use Taxes, effective July 1, 2018. The signing took place at the headquarters...more

EU Trade Update

• European Commission publishes survey on concept of “Specially Designed for Military Use,” and issues request for input for possible EU commercial policy measures targeting the United States • Netherlands introduces...more

Cyber FICO Ratings Could Benefit Insurance Underwriting in Multiple Ways

Nearly 30 years ago the Fair Isaac Corporation (“FICO”) first introduced its metric for measuring creditworthiness. Since then, the FICO Score has become a default metric used by countless market participants to facilitate...more

Recent Conference Highlights Cyber Risks and How to Protect Against the Same

On February 13-14, 2018, Advisen held a conference focused on exploring cyber risks and how companies can best move to address potential exposures. Below are key takeaways and trends discussed by the panelists....more

New Federal 911 Law Could Impact Many Public Agencies and Businesses - Kari’s Law Sets New Requirements for Multi-Line Telephone...

by Best Best & Krieger LLP on

Recently, H.R. Bill 582, known as “Kari’s Law” became federal law. Kari’s Law amends the Communications Act of 1934 to require most multi-line telephone systems to be pre-configured so users may call “911” without dialing any...more

Are Cloud Companies Moving Away from Pricing Transparency?: eDiscovery Trends

by CloudNine on

Last May, I wrote a post asking if pricing transparency is finally happening in eDiscovery. Here’s an article where the trend seems to be reversing – at least for Software-as-a-Service (SaaS, aka cloud) companies in general....more

NHS Digital Publishes Guidance for Health and Care Organisations Using Cloud Services and Data Offshoring

NHS and social care organisations in the UK are being encouraged to take a fresh look at public cloud services given the myriad benefits of doing so. The guidance is timely given the coming into force of the GDPR in May,...more

Cloud Computing by EU Financial Institutions Gets a New Rule Book

Financial institutions should take note of, and make every effort to comply with, the European Banking Authority’s new cloud computing guidance which will be effective from 1 July 2018. In order to clarify EU-wide...more

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

2017 eDiscovery Case Law Year in Review, Part 3

by CloudNine on

...Just because you don’t physically have your hands on the data doesn’t mean you’re not responsible for it. Here are three cases related to rulings regarding possession, custody and control of ESI, including one that relates...more

European Banking Authority Publishes Recommendations on Outsourcing by Financial Institutions to Cloud Service Providers

by Shearman & Sterling LLP on

The European Banking Authority has published its final report on Recommendations on outsourcing by financial institutions to cloud service providers. The EBA has developed the Recommendations on its own initiative as part of...more

Critical Considerations for Service Level Management

by Foley & Lardner LLP on

In the last couple of weeks you have certainly been thinking about your New Year’s resolutions. As 2018 kicks off, there’s no better time to the think about how to manage your suppliers and your procurement process. Service...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices

by CloudNine on

...Initial hopes were that the GDPR would promote eDiscovery cooperation between the US and Europe by standardizing data protection laws and regulations among the 31 EEA nations and the US. But instead, some sections of the...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

If You’re a Cloud Provider or Consumer, Consider These Guidelines on How to Conduct Yourself in Europe: eDiscovery Best Practices

by CloudNine on

While we were preparing to eat turkey and stuff ourselves with various goodies last week, the Cloud Security Alliance (CSA) provided an important guideline for compliance with the European Union General Data Protection...more

Cloud Computing 101: Tips to Control Waste

by Foley & Lardner LLP on

In an industry poised to exceed $250 billion in the the coming years, there isn’t a better time to review your cloud deals to ensure your company is getting maximum value for its cloud spend. As Ian Barker reports in this...more

Foreign Cloud-Based Service Providers May Be Subject to Personal Jurisdiction in the United States

Following a recent U.S. district court’s ruling, foreign companies operating cloud-based services may find themselves subject to federal long-arm jurisdiction under the Federal Rules of Civil Procedure 4(k)(2), even if they...more

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

Building a Health App? Part 5: Contracting for Health App Construction

As you take your health app from innovative idea to reality, you will be engaging in a development project that will likely entail the procurement of technology, services and perhaps even content from third parties. For...more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

by Snell & Wilmer on

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

China's New Cybersecurity Law Brings Enforcement Crackdown

by Jones Day on

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more

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