Privacy Monday – January 13, 2014

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These are busy times in the data privacy/security world.

If Misery Loves Company, Target Has Friends

Target was not the only target of data thieves this holiday season.  Reports over the weekend revealed that Neiman Marcus was attacked – during the same relative time period.    Details regarding number of affected cards were not available.   Other reports indicate that there may be other retailers out there hit by cyber thieves using similar techniques.  The theory is that smaller “hits” were done as test runs.  Investigations have been launched by state attorneys general and class action lawsuits have been filed in several states.

New Year Brings Anti-Spam Law in Canada

Marketers who send email into Canada need to start paying attention to yet another anti-spam law.   Canada’s version of the US federal CAN-SPAM law –known as CASL — will finally come into force on July 1.   We wrote about the draft regulations a while back – hereFinal regulations were released on December 4, 2013 and, suffice it to say, will cause consternation among south-of-the-border marketers.   The compliance requirements are quite different from CAN=SPAM and may require adoption of “opt-in” for companies who have market presence throughout North America.   We will be publishing a compliance guide to CASL in the near future.  Stay tuned.

Operation Steer Clear

The Federal Trade Commission announced Operation Steer Clear to encourage truth in auto dealer advertising and is called by the FTC, “a coast-to-coast law enforcement sweep focusing on deceptive TV, newspaper, and online claims about sales, financing, and leasing.”    Check out the FTC’s website for information on the “8 advertising potholes auto dealers should avoid.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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