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Safe Harbors Data Protection

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Falcon Rappaport & Berkman LLP

The EU-US Data Privacy Framework: Are You in Compliance?

The U.S. Departments of Justice and Commerce, as well as the European Commission recently launched the EU-US Data Privacy Framework (“DPF”), marking a significant shift from the previous frameworks such as Safe Harbor and...more

Furia Rubel Communications, Inc.

Embracing Data Privacy to Drive Business Growth with Aihong Yu, Chief Privacy Counsel of CDK Global

In this episode of On Record PR, Gina Rubel goes on record with Aihong Yu, Chief Privacy Counsel of CDK Global, to discuss how embracing privacy and security measures…...more

WilmerHale

Global Anti-Bribery Year-in-Review: 2023 Developments and Predictions for 2024

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Publicly announced Foreign Corrupt Practices Act (FCPA) enforcement activity in 2023 did not return to the levels seen a few years ago, as indicated by both the total number of cases against corporate and individual...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

Lerman Senter PLLC on

The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Locke Lord LLP

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

Locke Lord LLP on

Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

Sheppard Mullin Richter & Hampton LLP

Iowa Joins Growing List to Offer Potential Safe Harbor for Companies With Security Programs

Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program. Others are Connecticut (October 1, 2021), Ohio (effective November 2, 2018), Oregon (effective January 1,...more

Osano

The EU-U.S. Data Privacy Framework (DPF): What Does It Mean for You?

Osano on

If your business transfers data from the European Union to the United States, you’ve likely been keeping an eye on the EU-U.S. Data Privacy Framework (EU-U.S. DPF) for the past several years. The long-awaited adequacy...more

Davis Wright Tremaine LLP

New Iowa Legislation Creates Cybersecurity Safe Harbor

Iowa becomes the fourth U.S. state to provide an affirmative defense for companies that adopt a cybersecurity framework - Iowa is the fourth state—following Ohio, Connecticut, and Utah—to provide a statutory incentive for...more

Robinson+Cole Data Privacy + Security Insider

European Commission Adopts EU-U.S. Data Privacy Framework

On July 10, the European Commission (EC) published its data adequacy decision for the new EU-U.S. Data Privacy Framework (EU-U.S. DPF).  This means that companies can transfer personal data from EU countries and from Iceland,...more

Faegre Drinker Biddle & Reath LLP

NAIC Privacy Protections Working Group Meets to Discuss New Model Privacy Law

On June 5-6, 2023, the NAIC Privacy Protections (H) Working Group (“PPWG”) held an in-person interim meeting (“session”) to continue its work on drafting a new model privacy law, the Insurance Consumer Privacy Protection...more

Sheppard Mullin Richter & Hampton LLP

Where Do We Stand?: EU to US Data Transfers

The process for data transfers from the EU to the US under Standard Contractual Clauses has been back in the news recently, leading many to ask: will the proposed EU-US Data Privacy Framework be approved by the Europeans...more

Pillsbury Winthrop Shaw Pittman LLP

New Biden Administration Cyber Strategy Proposes Dramatic Shift in Order to Hold Software Developers Liable for “Insecure”...

The Strategy’s liability proposal represents a fundamental change in the cybersecurity market for software markers. Proposed legislation would seek to restrict software providers’ ability to limit liability while also...more

HaystackID

Data Privacy Laws and Blocking Statutes: Five Practical Strategies for Counsel

HaystackID on

Background Note: Data privacy has become a critical issue in the digital era, with laws and regulations constantly evolving. As a result, it’s important for cybersecurity, information governance, and legal discovery...more

Wyrick Robbins Yates & Ponton LLP

Any Port in a Storm? OCR Seeks Comments on HIPAA “Safe Harbor” for Recognized Security Practices

Earlier this month, HHS’s Office for Civil Rights (OCR) issued a Request for Information (RFI) seeking comments on a statutory provision adopted last year that provides a quasi-safe harbor for entities that have voluntarily...more

Sunstein LLP

The EU’s New Privacy Rules: The Promise and Peril for US Data Processors

Sunstein LLP on

The European Union’s General Data Protection Regulation (GDPR) prohibits transfers of personal information about Europeans to destinations outside of the EU unless one of several tests is satisfied. As pertains to transfers...more

Akin Gump Strauss Hauer & Feld LLP

Connecticut Expands Breach Reporting and Creates Cybersecurity Safe Harbor

On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more

Hogan Lovells

Hold the punitive damages: Connecticut is latest to incentivize implementing cybersecurity frameworks

Hogan Lovells on

Connecticut’s new cybersecurity standards law, which goes into effect on October 1, 2021, protects companies from punitive damages in certain data breach actions where an organization has a cybersecurity program that conforms...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine FINRA’s report on cloud computing, Connecticut’s new safe harbor for companies following certain cybersecurity protocols and a district court dismissal...more

Sheppard Mullin Richter & Hampton LLP

A COPPA First: Safe Harbor Program Removed From Approved List

The FTC recently announced the removal of Aristotle International, Inc. from the list of seven approved safe harbor programs under the Children’s Online Privacy Protection Act. Programs that are approved by the FTC must place...more

Robinson+Cole Data Privacy + Security Insider

FTC Takes Aristotle International Off the COPPA Safe Harbor List

In an unusual but significant move, on August 4, 2021, the Federal Trade Commission (FTC) removed Aristotle International from the Children’s Online Privacy Protection Act (COPPA) Safe Harbor List. ...more

Ankura

New Proposed Laws include Safe Harbor when Aligned with NIST Privacy Framework

Ankura on

A new trend in privacy and cybersecurity laws is the introduction of safe harbor clauses for aligning data protection controls to recognized data privacy and cybersecurity frameworks. OHIO HB376: In July 2021, Ohio...more

Jones Day

Connecticut Expands Data Breach Notification Requirements and Establishes a Cybersecurity "Safe Harbor"

Jones Day on

Connecticut has become the third state to enact a cybersecurity safe harbor statute. On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more

Alston & Bird

2021 Developments in State Cybersecurity Safe Harbor Laws

Alston & Bird on

Only four months in and 2021 has already been a big year for state cybersecurity safe harbor legislation. Two states, Utah and Connecticut, have recently enacted or introduced a breach litigation safe harbor to incentivize...more

Wiley Rein LLP

Utah Establishes a Legal Safe Harbor for Companies That Adopt Data Security Programs

Wiley Rein LLP on

Utah has become the second state to establish a legal safe harbor for private-sector entities that follow certain cybersecurity best practices. On March 11, 2021, Utah’s Governor Spencer Cox signed into law the Cybersecurity...more

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