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Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Blake, Cassels & Graydon LLP

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Wilson Sonsini Goodrich & Rosati

Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024

In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Fisher Phillips

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

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On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Winthrop & Weinstine, P.A.

The Minnesota Consumer Data Privacy Act: Minnesota Becomes the 18th State to Enact a Comprehensive Consumer Privacy Law

On May 24, 2024, Governor Walz signed into law the Minnesota Consumer Data Privacy Act (MNCDPA). This landmark law is the first set of comprehensive consumer privacy standards specific to Minnesota residents. The law will...more

Burr & Forman

Vermont Slated to Grant a Private Right of Action to Consumers in New Data Privacy Bill

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As Vermont joins the growing number of states with comprehensive consumer data privacy laws, it stands out from the crowd with the ability of Vermonters to bring a private right of action (PRA) against large data holders. In...more

Locke Lord LLP

CCPA Disclosure Requirements Emphasized by California AG’s Settlement With DoorDash‎

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Enforcement of the California Consumer Privacy Act (“CCPA”) continues to heat up with California Attorney General Rob Bonta’s office announcing its second public enforcement action, this time against delivery service provider...more

Alston & Bird

Top 10 Issues General Counsel Need to Know About Ransomware in 2024

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Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and...more

Morgan Lewis

Global Privacy: Year in Review and a Look Forward, 2023–2024

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The world is witnessing a flurry of activity surrounding issues of data protection, cybersecurity, artificial intelligence (AI), and consumer privacy. According to the National Conference of State Legislators, some 40 US...more

Husch Blackwell LLP

Upcoming 2024 State Privacy Law Compliance Deadlines

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Over the past few years, states have enacted numerous privacy laws, including broad consumer data privacy laws, children’s privacy laws, consumer health data privacy laws, and data broker laws. The enactment of so many...more

Shook, Hardy & Bacon L.L.P.

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)....more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

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On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

WilmerHale

China Publishes Draft Rules to Ease Data Export Compliance Burden

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The Cyberspace Administration of China (“CAC”) on September 28, 2023 issued the draft Provisions on the Regulation and Promotion of Cross-Border Data Flows (“draft Provisions”),  just one year after China’s data export...more

Littler

With a Key Deadline Fast Approaching, Now Is the Time to Address the New and Complex Requirements for Data Transfers Outside of...

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U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract.  This implementation...more

Miller Nash LLP

The State of State Privacy Laws: What Businesses Need to Know

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Summer days are over and it’s time to hit the books. State legislatures were busy in 2023 making up for the U.S. Congress’s inability to pass a comprehensive privacy law. ...more

Baker Donelson

MOVEit Transfer Zero-Day Vulnerability: What Companies Need to Know

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On May 31, 2023, renowned managed file transfer solution provider Ipswitch, Inc. revealed a zero-day vulnerability in its flagship solution, MOVEit Transfer, that can enable mass data theft from thousands of organizations....more

Jackson Lewis P.C.

New York Legislature and Enforcement Agencies Remain Active on the Data Privacy and Security Fronts

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At the start of 2023, the New York State legislature introduced several privacy-related bills. One of those bills, S365, appears to be gaining momentum. It was reported and committed to the Internet and Technology Committee...more

A&O Shearman

Increasing global cybersecurity regulation of private companies on the near horizon

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Within the past year, a number of countries around the world, including the United States, United Kingdom, France, and The Netherlands have initiated regulatory inquiries and developed new strategies for the purpose of more...more

Hogan Lovells

Recent developments in African data protection laws – Outlook for 2023

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Africa is continuing to strengthen its data protection legal and regulatory framework. To date, thirty six out of fifty four African countries have data protection laws and/or regulations. Sixteen countries have signed the...more

Orrick, Herrington & Sutcliffe LLP

France Cybersecurity Update: Cyber-Attacks Must Be Reported to Authorities Within 72-Hours to Benefit from Insurance Coverage

From 24 April, 2023, victims of cyber-attacks (as defined by the Criminal Code in italic text below) will have 72 hours to file a complaint with “competent authorities” if they want to obtain reimbursement under their...more

Bond Schoeneck & King PLLC

2023 State and Federal Data Privacy Legislation

The United States is gearing up for another noteworthy year in data privacy and cybersecurity. 2023 will likely be a year of transition as certain data privacy laws come into effect. As concerns around data protection and...more

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