2023 New Data Privacy Requirements
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When it comes to data privacy and regulation of personal information, United States companies face a number of major challenges. Compliance is not easy when you have fast-moving targets. The single biggest cause of this...more
While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more
Indiana has amended its breach notification law to require entities to notify individuals “without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach.” It clarifies that a delay is...more
As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more
Over the last several months, a minority of states amended their data breach notification statutes or enacted sector-specific breach notification requirements. ...more
As the onslaught of data breaches and ransomware attacks continues, state governments are grappling with ways to bolster the impact and reach of breach notification laws. All fifty states, Puerto Rico, Guam, the Virgin...more
In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons...more
Keypoint: New Utah law creates incentive for businesses to develop and implement a written cybersecurity program to protect themselves against data breach lawsuits. On March 11, 2021, Utah governor Spencer Cox signed the...more
If someone accessed your business’s computer systems without your authorization, did you suffer a data breach under Colorado law? Answering this question correctly is critical, because getting it wrong can expose you to...more
Definitions are important. How we define words sets the context for how we regulate them. In the U.S., the definitions of legally defended private information are changing, affecting the entire scope of information...more
On September 15, 2020, the New York Attorney General (NYAG) reached a Consent and Stipulation Agreement (the “Agreement”) with Dunkin’ Brand’s Inc. a year after filing a lawsuit over the company’s response to cyberattacks in...more
Intellectual Property Co-chair Amy Goldsmith and Co-Founder & Managing Partner at AcceleratingCFO Brian Califano join Litigation Partner and host Rich Schoenstein to chat about “The Requirements of the SHIELD Act and Other...more
This week, I received a breach notification letter from a large financial institution stating that my personal information, including my name, Social Security number, account name and number, contact information, date of...more
Effective as of March 21, 2020, New York State’s Stop Hacks and Improve Electronic Data Security Act (SHIELD Act)requires that nearly all businesses, regardless of where they are based, take affirmative steps to protect...more
Certain provisions of the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) recently took effect in the state of New York. The act was signed into law by the governor in July 2019, and its data breach...more
The new data security requirements provision of New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full force as of March 21, 2020, and all people and businesses, regardless of the state in...more
In the midst of the coronavirus pandemic when more condo and coop board business is being conducted electronically than ever before, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) will go into effect on...more
One of the major changes introduced by the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which was signed into New York law last year, is scheduled to take effect this week. ...more
Whether in connection with their marketing programs or other data-driven initiatives, wineries and wine clubs are becoming more reliant on the data of their customers. Those that are collecting consumer data need to be aware...more
As the March 21 deadline for the New York SHIELD Act draws closer, health care providers may be wondering: does their status as a covered entity under HIPAA, and its associated data security protections, automatically...more
As discussed in an earlier blog post, the New York state Stop Hacks and Improve Electronic Data Security Act (or “SHIELD Act”), was signed into law on July 25, 2019....more
As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more
Time is running out. The effective date of New York’s cybersecurity law mandating that organizations implement an information security program to protect “private information” of New York State residents, including employee...more
Whether in connection with their marketing programs or other data-driven initiatives, nonprofit organizations are becoming more reliant on the data of their customers. Those that are collecting consumer data need to be aware...more
New data retention limitations and disposal requirements on some types of businesses in New York will go into effect on March 21, 2020, under the Stop Hacks and Improve Electronic Data Security (SHIELD Act) that was signed...more