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Amid intense focus on AI and a flurry of consumer privacy law updates, legislative activity has continued to change data breach notification requirements in a variety of ways. Similar to 2023, a handful of changes to...more
2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more
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
Non-bank financial institutions will have a new data breach disclosure requirement effective May 13, 2024. The Federal Trade Commission (FTC) recently updated the Gramm-Leach-Bliley Safeguards Rule (“Safeguards Rule”), adding...more
A flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to...more
What is in store for Privacy and Cybersecurity in 2023 - As the year ends, we offer this special edition with predictions for 2023 from each member of the Cyber Bits Partner Committee. Regardless of what happens in 2023, we...more
While new comprehensive state privacy laws took most of the headlines this year, security threats and incident response remain key risk factors for privacy compliance programs and the subject of important legal developments....more
On October 27, 2021, the Federal Trade Commission finalized its long-awaited updates to the Safeguards Rule. The changes require financial institutions, including auto dealers and finance companies, to dust off their existing...more
The Federal Trade Commission (FTC) recently announced its position on breach notification: “Regardless of whether a breach notification law applies, a breached entity that fails to disclose information to help parties...more
The FTC has reached a settlement with Residual Pumpkin Entity, LLC and PlanetArt, LLC—the former and current owners of online merchandise platform CafePress (collectively, “CafePress”)—to resolve allegations that CafePress...more
US Senator Urges Treasury Secretary Yellen to Take Action on Cryptocurrency Scams to Protect Investors “'This is an unregulated industry, and the alarming amount of criminal activity surrounding cryptocurrency demands...more
On August 20, 2020, a criminal complaint was filed charging Joseph Sullivan, Uber’s former chief security officer, with obstruction of justice and misprision of a felony in connection with an alleged attempted cover-up of a...more
“Reasonable” and “adequate” seem like benign terms — until you have to litigate using them as a standard for adequate data security. Over the coming years, the definition of “reasonable security” (and the alleged failure of...more
The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for...more
As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress. The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and...more
With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more
On Tuesday, November 26, Sen. Maria Cantwell (D-WA), Ranking Member of the Senate Commerce, Science, and Transportation Committee, introduced the Consumer Online Privacy Rights Act. The bill notably contains a private right...more
We are increasingly seeing situations in which a client’s information systems are breached by an ethical hacker. Typically, they take a screen shot or two of data to prove their accomplishment, carefully redact any...more
French Data Protection Authority Issues Guidelines on Cookie Use - CNIL, France’s data protection authority, has released new rulesfor obtaining consumer consent under the GDPR for companies using cookies and other tracking...more
In this month's edition of our Privacy & Cybersecurity Update, we examine expanded data breach notification laws in New Jersey and Washington state, as well as the SEC's risk alert regarding cloud-based storage solutions. We...more
In this month's edition of our Privacy & Cybersecurity Update, we examine new cybersecurity legislation in California and Massachusetts, the British government's updates to its cybersecurity laws in anticipation of Brexit and...more
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have become accustomed to, however, is deregulation across a wide variety of...more
Privacy and data security is constantly evolving and 2018 presented no exception. Let’s take a look back at some of the highlights of this year. Cambridge Analytica (March 2018): Facebook announced that Cambridge Analytica...more
Features - International Updates (Excluding the EU) - India’s Draft Data Protection Bill: Another GDPR Around the Corner? India recently introduced the Personal Data Protection Bill 2018. ...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the Eleventh Circuit's decision to vacate an order against LabMD regarding FTC cease-and-desist orders, new data breach notification laws in three U.S....more