U.S. Senator Ron Wyden, D-Oregon, recently introduced comprehensive privacy legislation, known as the “Mind Your Own Business Act” (MYOB Act), to provide protections for the private data of Americans and to hold corporate executives accountable if they abuse such information. While this isn’t the first such legislation introduced in Congress and is unlikely to be the … Continue Reading
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
In an unusual move, Delta Airlines (Delta) sued one of its vendors last week for the data breach it experienced in 2017. It’s an unusual move for several reasons. First, in our experience when a vendor causes a data breach, there is usually a contractual provision that can be followed that outlines the responsibility of … Continue Reading
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
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
On the heels of working with clients on compliance with the European Union’s General Data Privacy Regulation (GDPR) and the rapidly evolving landscape of data privacy and security laws and regulations, the next hurdle to set compliance sights on for organizations is the California Consumer Privacy Act (CCPA). We have previously outlined the requirements of … Continue Reading
This was a busy week for activity and discussions on the federal level regarding existing privacy laws – namely the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). But the real question is, could a federal privacy law actually happen in 2019? Cybersecurity issues and the possibility of a … Continue Reading
France’s data protection authority (DPA) (CNIL) recently announced that it has fined Google $57 million for violations of the General Data Protection Regulation (GDPR). This is the first fine by a European DPA of an American company for alleged violations of the sweeping EU privacy law. According to the CNIL, Google did not tell consumers … Continue Reading
The “security principle” under the General Data Protection Regulation (GDPR) requires that organizations process personal data securely by means of “appropriate” technical and organizational measures. This month, the United Kingdom’s Information Commissioner’s Office (ICO) issued new guidance focused on two specific measures the ICO recommends that companies consider in complying with the GDPR security requirements: … Continue Reading
Last month, the French data protection authority (the CNIL) issued initial guidance addressing issues that applications utilizing blockchain technology should consider in order to comply with the European General Data Protection Regulation (GDPR). As recognized by the CNIL, there are certain natural conflicts between GDPR and blockchain technology. A critical feature of the blockchain is … Continue Reading
Tim Cook, Apple CEO, recently delivered the keynote address for a privacy conference, attended by policy experts and European Union (EU) lawmakers in Brussels, Belgium, where he advocated for new data privacy laws in the United States, similar to the EU’s General Data Protection Regulation (GDPR). Cook said that modern technology has led to the … Continue Reading
As we previously noted, Facebook originally announced a breach late last month, in which hackers took advantage of a code vulnerability in the website’s “View As” feature, to access user’s data. However, on October 12, 2018, Facebook stepped back the number of affected accounts from 50 to roughly 30 million, and it acknowledged that hackers … Continue Reading
As many of our readers know, the General Data Protection Regulation (GDPR) imposes significant obligations and responsibilities on entities with regard to data protection and privacy for all individuals within the European Union and the European Economic Area. Violations of GDPR can result in fines up to €20 million, or up to 4 percent of … Continue Reading
The United Kingdom data privacy watchdog reports that the number of complaints received since the EU’s General Data Protection Regulation (GDPR) took effect three months ago has almost doubled. Under GDPR, anyone who believes their personal data has been misused can file a complaint with the Information Commissioner’s Office, or ICO. Legal Experts say GDPR … Continue Reading
It is clear that the health care industry continues to be targeted with cyber-attacks. In 2018, the 10 largest health care breaches, outlined here, include unauthorized access to protected health information (PHI) through a vendor offering claims processing, ransomware incidents, successful phishing schemes, mailing PHI to wrong addressees, hacking, a misdirected email, and a lost … Continue Reading
Timehop, an app that allows users to find and claim old photos and posts on social media, has reported a data breach of its cloud computing environment on July 4, 2018, which compromised 20.4 million accounts, 3.8 million of which are in the GDPR zone. According to an updated posting on its website yesterday, the … Continue Reading
On June 28, 2018, the California State Legislature passed, and Governor Jerry Brown signed, the California Consumer Privacy Act of 2018, bringing to the United States many of the rights and compliance obligations currently being applied by the European Union through its General Data Protection Regulation (GDPR). Effective January 1, 2020, the Act gives California … Continue Reading
Over the past several weeks, as the GDPR deadline of May 25 loomed, thousands of organizations sent individuals, including U.S. citizens, notices requesting consent and opt-in to receive further communications. Riding on that wave of confusion and inundating emails, criminals have used the implementation of GDPR to their advantage by impersonating legitimate businesses, including financial … Continue Reading
Businesses are understandably focused this week on the looming effective date for the European Union’s General Data Protection Regulation (GDPR). For U.S. businesses, however, a proposed law closer to home would raise similar compliance burdens and create potential litigation risks. This November, voters in California will likely vote on whether to pass a ballot initiative, … Continue Reading
Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States. This referral stems from a new claim by Max Schrems, an Austrian lawyer and privacy activist. Schrems previously … Continue Reading
All privacy professionals, whether in the EU or the U.S., need to have an understanding of the implications of General Data Privacy Regulation (GDPR) compliance, particularly since the fines and penalties that could be imposed for non-compliance are intimidating. GDPR goes into effect on May 25, 2018, and many companies are struggling to become compliant … Continue Reading
As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power of big data. This spring, The Economist magazine joined the ranks of some antitrust regulators, particularly from the EU, in … Continue Reading
The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next several months, several European Union law firms we work very closely with will join us in … Continue Reading
In less than 300 days, the European General Data Protection Regulation (GDPR) will go into effect and forever change the privacy landscape. Leading industry organization, Gartner, Inc., predicts that more than 50 percent of companies affected by the GDPR will not be fully compliant. Of course, the affected companies will include both European and non-European … Continue Reading
