November 1, 2017| Blog
The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s voice recordings.
October 24, 2017| Blog
The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European Data Protection Board, is busy drafting and issuing guidance documents to help organizations understand how European data protection authorities will interpret various requirements of the General Data Protection Regulation (GDPR).
October 18, 2017| Blog
As was generally expected from informal comments by EU representatives, Privacy Shield has survived its first annual review. Commissioner Jourova stated: "Our first review shows that the Privacy Shield works well, but there is some room for improving its implementation."
October 6, 2017| Blog
This week’s disclosure that a 2013 data breach may have affected all 3 billion Yahoo accounts then in existence could alter the scope of the consolidated data breach cases currently pending against Yahoo in the federal court in San Francisco.
October 3, 2017| Blog
EU laws concerning the transfer of employee personal data to the US are complex, and penalties for getting it wrong are set to increase dramatically when the General Data Protection Regulation (GDPR) goes into effect in May 2018.
Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the hands of the EU’s highest court
October 3, 2017| Blog
Many companies around the world rely on the EU’s standard contractual clauses (also known as the model clauses, and referred to in this article as the “SCCs”) as the legal basis for transferring personal data from the European Economic Area (EEA) to countries whose privacy laws have not been found adequate by the EU Commission.
September 19, 2017| Blog
As Texas, Florida, and the Caribbean rebuild after the latest string of deadly hurricanes and prepare for the possibility of future storms, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) reminded health care providers of the importance of ensuring the availability and security of health information during and after natural disasters.
September 14, 2017| Blog
As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs.
Have you started auditing your contracts with your service providers that handle EU personal data? UK Information Commissioner’s Office issues draft guidance for compliance with the GDPR’s contracting requirements.
September 14, 2017| Blog
Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on May 25, 2018.
September 13, 2017| Blog
The Equifax breach continues to evolve.
September 12, 2017| Alert
On September 7, 2017, Equifax, one of the three large credit reporting bureaus, announced a cybersecurity incident impacting approximately 143 million U.S. consumers. According to Equifax, the breach occurred mid-May through July 2017.
September 6, 2017| Blog
In the absence of federal action on the Cybersecurity front, states are continuing to focus on cyber-readiness. Our government affairs affiliate, ML Strategies, has prepared an overview of what Massachusetts lawmakers are doing.
D.C. Circuit Holds Cyber-Theft of Customers’ Medical Identifying Information Created Sufficient Increased Risk of Harm to Establish Standing
September 1, 2017| Blog
Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack.
August 29, 2017| Blog
Uber failed consumers in two key ways: First by misrepresenting the extent to which it monitored its employees’ access to personal information about users and drivers, and second by misrepresenting that it took reasonable steps to secure that data....This case shows that, even if you’re a fast growing company, you can’t leave consumers behind: you must honor your privacy and security promises.
August 29, 2017| Blog
As if the devastating effects of Hurricane Harvey are not bad enough, the United States Computer Emergency Readiness Team (US-CERT) of the Department of Homeland Security is warning of a different threat: falling victim (or exposing your entire company) to Harvey-related phishing schemes.
August 22, 2017| Blog
The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on here, went before a judge earlier this month, seeking to permanently bar the recipient and his counsel from further exploitation of the documents and their customer-identifying contents.
August 21, 2017| Blog
Mintz Levin continues to be at the forefront of issues related to contractual arbitration provisions, helping clients optimize their dispute resolution and risk mitigation processes.
August 21, 2017| Alert
Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen K. Ohlhausen has stressed the implications this has for other companies:
August 14, 2017| Blog
If you are one of the many businesses licensed by the New York Department of Financial Services (DFS), and cannot avail yourself of the (very) limited exemptions, you must be ready for the first compliance transition date for the stringent DFS cybersecurity regulations – August 28, 2017.
August 8, 2017| Blog
Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching goods purchased in physical brick and mortar stores to the clicking of online ads, or as we refer to the practice, "Bricks to Clicks."
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