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Keep Privacy Shield Certification on the Radar Screen

After all of the GDPR compliance assessments, implementation and hullaballoo in the last year or so, many companies chose to certify that they are compliant with the EU-U.S. Privacy Shield framework rather than implementing a full-blown GDPR compliance program. To attain Privacy Shield certification, companies must submit an application and certify that when consumer data … Continue Reading

Initial Coin Offerings (ICOs) on SEC’s Radar

This month, the Securities and Exchange Commission (SEC) announced that it has entered into a settlement with SimplyVital Health, Inc., a blockchain company that offered and sold approximately $6.3 million worth of securities to the public. The SEC alleged that the plan to conduct an initial coin offering (ICO) to raise money to develop a … Continue Reading

Can You Really Protect Against Ransomware?

We’ve written a few times recently about municipalities, companies, and government agencies hit with ransomware attacks this year. In early July, it was reported that a court system in Georgia was attacked with ransomware, causing lawyers, court employees and the public to have to rely on “old school” paper to file pleadings and keep the … Continue Reading

Clever Call Center Concept

My husband was recently booking some travel for us and had an interesting experience that he thought was worth sharing. While he was providing his credit card number to the person who was assisting with the booking, that person told him before he gave the credit card number and CVV number to wait a moment, … Continue Reading

Pay Attention to Your Firewalls

After the Capital One data breach, which was reportedly caused by an improperly configured firewall, every company should be paying attention to its firewalls. This is not the first data breach that has occurred because a firewall was not properly in place for data stored in the Cloud. I’m a lawyer, and I know very … Continue Reading

Business Email Compromises Bilking U.S. Companies Out of $301M Per Month

The United States Treasury Department came out with a report last week that concludes that business email compromises (BEC) are costing U.S. companies more than $301 million per month. The report confirms that the two industries hit the hardest by these scams are manufacturing and construction. The report, issued by the Treasury Department’s Financial Crimes … Continue Reading

Cities Consider Banning the Use of Facial Recognition Technology

In the footsteps of San Francisco’s ban of the use of facial recognition technology, the cities of Somerville, Massachusetts, Oakland, California, and Berkeley, California are considering banning the use of facial recognition technology by municipal agencies. The proposed ban is in the midst of more and more cameras and smart technology being used for traffic … Continue Reading

A Value Add to Employee Security Education: Mobile Apps

While we have been talking about the very important message of educating employees about data security, I find that giving employees tips about their personal data security keeps them interested and engaged during education sessions. It is surprising how little people in general, and employees specifically, know about their personal devices and the security of … Continue Reading

Employers and Wellness Plans: Questions about Quest Breach?

Last week, we wrote that Quest Diagnostics reported in a security filing that a collection agency performing collections for the company had suffered an intrusion that exposed almost 12 million individuals’ personal and financial information [view related post]. Another lab company reported days later that it was notified that the information of 8 million of … Continue Reading

CCPA Update

We have been watching all of the activity around the proposed amendments to the California Consumer Privacy Act (CCPA) to see where the law settles to assist with compliance. Not surprisingly, but nonetheless important to know, is the fact that the California Assembly on May 29, 2019, unanimously passed an amendment to CCPA that excludes … Continue Reading

Questions to Consider Asking Your Broker About Cyberliability Coverage

One of the first questions we ask our clients when they call about a security incident is whether they have insurance that may cover the costs associated with investigating the incident, potential forensic analysis, and coverage for a data breach. Sometimes the client will say “Yes, we have cyber coverage.” However, when reviewing the coverage … Continue Reading

Fully Executed Contracts are Preferred

We have been involved in several situations lately with security incidents where we ask our clients for the final executed contract with the vendor that we believe caused the incident, but the contract that we receive has not been fully executed by both parties. Without getting into the legal implications of not having a fully … Continue Reading

Tech Company Execs Sweat Personal Liability for Privacy Violations

In the Privacy Law classes I teach in the Brown University Executive Masters of Cybersecurity and at Roger Williams University School of Law, we discuss the enforcement authority that the Federal Trade Commission (FTC), the Office for Civil Rights (OCR) and other federal and state agencies have over data privacy and security, including how effective … Continue Reading

Limitation of Liability

I continuously confront vendors who say I am “the only” lawyer who objects to limitation of liability provisions that attempt to limit the liability of a security incident to the amount of the contract. That is very hard for me to believe. The value of the contract has no relevance to the actual damages and … Continue Reading

Cybersecurity Reporting to the Board

Robinson+Cole has the distinct pleasure to host the CISO Executive Network in Hartford and Boston. It is an opportunity to hang out with Chief Information Security Officers (CISOs), develop relationships with them, discuss commonality in the issues they experience, and collaborate on different strategies to address their concerns. This week the meetings centered around effective … Continue Reading

Incident Response Plan Saves Money

The Ponemon Institute recently completed research, sponsored by IBM Resilient, entitled “The 2019 Cyber Resilient Organization,” which surveyed more than 3,600 security and IT professionals around the world to determine organizations’ ability to maintain their core purpose and integrity in the face of cyber-attacks. According to IBM, the research found that “a vast majority of … Continue Reading

Think Like a Hacker

I was with a bunch of CFOs this week talking about cybersecurity and I told them how easy it is for hackers these days. They can infiltrate a company’s system by compromising an O365 account that doesn’t have multi-factor authentication, and according to a Ponemon study, are in the company’s system for over 200 days. … Continue Reading
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