Wait, that’s covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach
FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Condo complaints not in writing?
Health Data on Leased Photocopier Costs Company $1.2m—What Others Can Learn
On 26 August the Dutch Data Protection Authority (DPA) fined Uber EUR 290 million for a breach of the General Data Protection Regulation (GDPR). Following a number of complaints from French Uber drivers, the DPA found that...more
The Brazilian Data Protection Authority (Autoridade Nacional de Proteção de Dados, “ANPD”), applied its first two sanctions of 2024 against two Brazilian governmental institutions. It is worth noting that, as both are public...more
New York AG Letitia James settled with US Radiology Specialists, Inc. to resolve allegations that the private radiology group violated New York’s Executive Law and General Business Law by failing to adequately protect...more
Report on Patient Privacy 23, no. 11 (November, 2023) Tim DiBona clearly remembers Christmas Eve 2018 when the staff of his small firm—Doctors’ Management Service (DMS)—arrived at their West Bridgewater, Mass., office to...more
NSA and CISA Release Report on “Top Ten” Cybersecurity Misconfigurations; CISA Calls for Software Manufacturers to Implement Best Practices - On October 5, 2023, the United States National Security Agency (NSA) and...more
On July 26, 2023, the Securities and Exchange Commission (SEC) implemented new cybersecurity rules to require disclosure of material cybersecurity incidents within four business days, with limited exceptions. Additionally,...more
New York Attorney General Letitia James announced on March 27, 2023 that she had levied a fine against law firm Heidell, Pittoni, Murphy & Bach LLP for failing to secure personal and health information of clients exposing the...more
In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more
On May 12, 2022, the European Data Protection Board (EDPB) published its long-awaited Guidelines 04/2022 on the calculation of fines under the General Data Protection Regulation (GDPR). After many data protection authorities...more
Oklahoma State University’s Center for Health Services recently paid $875,000 to settle potential HIPAA violations after a cyberattack resulted in the unauthorized access of its patients’ protected health information. A...more
Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more
A data breach can be the result of a cyber/ransomware attack or an honest mistake. Either way, the potential impact of compromised data is huge. This impact can be financial (in the form of fines) and reputational (by...more
Despite the great strides companies have made to mitigate the risks associated with security breaches, including putting insurance in place to cover those risks, cyber criminals have remained two steps ahead, finding new and...more
One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more
You know that cleaning out the garage is a good idea. You would have more storage space and would even be able to put the car into the garage, which is better for security, for keeping it clean, and for ensuring an easy start...more
Amazon’s financial records have revealed that the Luxembourg data protection supervisory authority, the Commission Nationale pour la Protection des Données (“CNPD”), is fining the retailer’s European arm (Amazon Europe Core...more
The Dutch Data Protection Authority recently imposed a €475,000 fine ($558,000) against the hotel website Booking.com for waiting longer than 72 hours to report a data breach. According to the Dutch DPA press release,...more
While the debate around health care passports continues, our latest Update offers Booking Holdings’ CEO’s perspective on the growing controversy. We also take a look at two major distributors’ plans for public offerings – one...more
New York’s Department of Financial Services (“DFS”) announced on Wednesday, March 3, 2021, that an independent mortgage lender, Residential Mortgage Services Inc. (“RMS”), has agreed to pay a $1.5 million fine to the agency...more
CEP Magazine (January 2021) - After extended investigations and negotiations, the United Kingdom’s Information Commissioner’s Office levied a fine of £18.4 million against Marriott International Inc. for a data breach...more
In a remarkable decision, the UK ICO has issued British Airways ("BA") with a £20m fine, in connection with a data breach affecting more than 400,000 customers. This is a significant reduction from the £183m the ICO had...more
At £20 million, the fine imposed on British Airways (BA) for its infringement of the General Data Protection Regulation is the biggest fine of its kind in the history of the U.K.’s Information Commissioner’s Office (ICO)....more
As announced by a press release dated 1 October 2020, the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) has issued a fine of €35,258,707.95 (approx. US$41.2 million) against H&M Hennes &...more
Report on Supply Chain Compliance 3, no. 16 (August 20, 2020) - After Twitter disclosed in October 2019 that it had used sensitive information for marketing purposes, investigations by the Federal Trade Commission (FTC)...more
Report on Supply Chain Compliance 3, no. 16 (August 20, 2020) - The Office of the Comptroller of the Currency fined Capital One USD 80 million for inadequate data controls leading to a 2019 data breach and for failing to fix...more