News & Analysis as of

Data Security Federal Trade Commission

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

Don't Ignore Privacy and Data Security: Pre-Deal and Negotiation Considerations for Buyers in Merger and Acquisition Transactions

Almost all parties are required to exchange personal data as part of a merger and acquisition transaction. With data breaches on the rise, any buyer in a M&A transaction cannot afford to ignore privacy and data security...more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

Keep It Concrete, Ad Groups Urge FTC

In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

Auto Dealerships And What Dealerships Can Do

by Jackson Lewis P.C. on

Automobile dealerships’ cybersecurity vulnerabilities can drive away customers, according to a survey by auditing firm Total Dealer Compliance. Automotive News said the survey of 200 dealerships in five states found...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

by BakerHostetler on

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...more

FTC: Stay Stuck on Security

The Federal Trade Commission recently wrapped up its Stick with Security blog series, which dove deeply into data security lessons based on agency cases, closed investigations, and questions and comments from businesses....more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

FTC Sticks With Keeping Security Current, Physical Media Safe

In the latest blog posts in the Federal Trade Commission’s “Stick with Security” series, the FTC focused on the procedures companies should put in place that will keep their security current, will address vulnerabilities that...more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

by Snell & Wilmer on

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making...more

FTC’s “Stick With Security” #7: Apply Sound Security Practices When Developing New Products

by Snell & Wilmer on

On September 8, 2017, the FTC released its seventh “Stick with Security” principle, which offered guidance regarding how companies incorporate security by design to prevent or minimize threats in the following ways...more

FTC Provides Guidance on Reasonable Data Security Practices (Part II of III)

by Patrick Law Group, LLC on

This is the second in a series of three articles on the FTC’s Stick with Security blog... Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

The Government Can Sue For A Privacy Or Data-Security Violation. What Are The Limits Of That Government Power?

by Ellis & Winters LLP on

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators....more

FTC’s “Stick With Security” #5: Segment Your Network And Monitor Who’s Trying To Get In And Out

by Snell & Wilmer on

On August 25, 2017, the FTC released its fifth “Stick with Security” principal, which focused on how companies can protect their virtual “entrances and exits” and make life harder for hackers. The FTC believes that the...more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

by Snell & Wilmer on

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

FTC’s “Stick With Security” #3: Require Secure Passwords and Authentication

by Snell & Wilmer on

On August 11, 2017, the FTC released its third “Stick with Security” principle, which touched on the necessity of strong authentication practices. Secure passwords and fortified authentication practices make it that much...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

Court Deals Blow to FTC’s Position on Unfair Data Security Practices

by Reed Smith on

Over the last several years, the Federal Trade Commission (FTC) has regularly used its authority under Section 5 of the FTC Act to bring cases against companies due to their allegedly unreasonable data security measures. The...more

Ohlhausen Examines 'Informational Injury'

Making good on her promise to focus on concrete consumer injury, Acting Chair of the Federal Trade Commission Maureen K. Ohlhausen announced a December workshop on “informational injury.”...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter - October 2017

by Alston & Bird on

An English-Language Primer on Germany’s GDPR Implementation Statute. Expanding on his recent article for Bloomberg BNA, Alston & Bird associate Dan Felz offers a multipart primer on Germany’s new GDPR implementation statute....more

“Stick With Security” - Getting Up to Speed With the FTC’s New Initiative

by Snell & Wilmer on

Companies that have experienced data breaches or security hacks have subsequently found themselves the subject of enforcement actions by the Federal Trade Commission (“FTC”) for violating the FTC Act, due to inadequate...more

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Cybersecurity

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