News & Analysis as of

HITECH Act Gramm-Leach-Blilely Act

Vinson & Elkins LLP

The TDPSA: A New Sheriff in Town for Texas Data Controllers and Processors

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The Texas Data Privacy and Security Act (“TDPSA” or the “Act”) came into effect on July 1, 2024. The TDPSA applies to any person who (i) conducts business in the state of Texas or produces a product or service consumed by...more

Davis Wright Tremaine LLP

Nebraska Data Privacy Act Signed Into Law

On April 17, 2024, Nebraska Governor Jim Pillen signed the Nebraska Data Privacy Act (the "Act"), which takes effect on January 1, 2025. The Act maps in large part to the Texas Data Privacy and Security Act. Like Texas, the...more

Mintz - Privacy & Cybersecurity Viewpoints

Maryland Says “Don’t Mess with Kids”

As U.S. states continue to pass data privacy legislation, Maryland has gone above and beyond in signing both the Maryland Online Data Privacy Act of 2024 (MODPA) and the Maryland Age Appropriate Design Code (HB 603/SB...more

King & Spalding

New Jersey Enacts Privacy Law

King & Spalding on

On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

Davis Wright Tremaine LLP

Tennessee Information Protection Act Is Signed Into Law

The Tennessee Information Protection Act (TIPA) passed unanimously through both houses of the Tennessee legislature and was signed by Governor Bill Lee on May 11, 2023. Tennessee joins seven states in enacting a comprehensive...more

Chambliss, Bahner & Stophel, P.C.

Virginia Adopts Consumer Data Protection Act: What It Means for Businesses in Tennessee and Across the U.S.

Virginia Gov. Ralph Northam recently signed the Virginia Consumer Data Protection Act (VCDPA) into law, making Virginia the second state, following California, to adopt comprehensive consumer data privacy legislation. ...more

White and Williams LLP

Ready or Not: NY SHIELD Act’s Data Security Requirements Go Into Effect March 21, 2020

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As was previously written, last fall New York enacted the "Stop Hacks and Improve Electronic Data Security Act" (SHIELD ACT), which required businesses having private information of New York residents to implement a written...more

White and Williams LLP

New York’s SHIELD Act Cheat Sheet

White and Williams LLP on

Effective October 23, 2019 for changes in data breach notification requirements, and March 21, 2020 for new data security requirements, New York’s “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) broadens...more

Nelson Mullins Riley & Scarborough LLP

Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws

Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules.  The debtor must also comply with non-bankruptcy rules concerning privacy to the extent that such rules are not inconsistent with the Bankruptcy...more

Katten Muchin Rosenman LLP

New York Shields Consumer Data With Broader Breach Notification, Security, and Identity Theft Protection Laws

Key Takeaways - - Personal information subject to New York’s breach notification law now includes biometric data, online credentials and account numbers (even without a PIN/code if the account could be used without those). ...more

Lathrop GPM

The California Consumer Privacy Act Part 2: Does it Apply to My Business?

Lathrop GPM on

As we explained in our last alert­­, California’s new comprehensive data privacy law is to take effect on January 1, 2020. For companies subject to this law, compliance will require a substantial investment of time, effort,...more

Dickinson Wright

An Ounce of Prevention is Worth a Pound of Cure: Ohio’s Data Protection Act Becomes Effective November 1, 2018

Dickinson Wright on

Introduction - The Ohio Data Protection Act comes into effect November 1, 2018. The law is important for business data holders because it grants them a defense if a data breach occurs and the company can prove it had a...more

Miles & Stockbridge P.C.

California’s Consumer Privacy Act – The Beginning of a National Data Privacy Law?

California enacted the California Consumer Privacy Act on June 28, 2018. This law broadly expands the rights of California residents in their personal information collected through online means. The law imposes requirements...more

WilmerHale

California Enacts Sweeping Consumer Privacy Law

WilmerHale on

On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (CCPA), a sweeping privacy law that provides consumers with broad notice, access, and deletion rights concerning many types of personal...more

Snell & Wilmer

Notable New State Privacy and Data Security Laws – Part Two

Snell & Wilmer on

This is the second in a two-part series addressing recent developments in state privacy and data security laws. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security...more

Alston & Bird

2016 Breach Roundup, Part I: U.S. State Data Breach Notification Laws Highlights and Trends

Alston & Bird on

In many respects, 2016 has been a remarkable year, but one constant with recent history is that multiple states (six this year) amended their breach notification statutes. As is commonly stated, the U.S. ...more

Mintz - Privacy & Cybersecurity Viewpoints

Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security

Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have...more

BakerHostetler

Illinois Enacts Sweeping Changes to the Illinois Personal Information Protection Act

BakerHostetler on

On May 6, 2016, Illinois joined a growing number of states that have strengthened their data breach notification requirements and expanded the definition of protected personal information. Effective January 1, 2017, HB1260...more

Alston & Bird

Illinois Makes Extensive Changes to Data Breach Notification Law

Alston & Bird on

On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective,...more

Davis Wright Tremaine LLP

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

Carlton Fields

Developments in Cybersecurity: Privacy Laws, Hacking Beyond Customer Data, and Communicating with Corporate Boards

Carlton Fields on

I. Legal Exposure to Federal and State Privacy Laws - A. Federal Statutes and Enforcement - 1. Federal Trade Commission Act, 15 U.S.C. §§ 41-58 - The Federal Trade Commission (FTC) has emerged as the leading...more

Troutman Pepper

How to Avoid and Respond to a Cybersecurity Breach

Troutman Pepper on

In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more

Orrick, Herrington & Sutcliffe LLP

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in...more

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