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Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses.  This is especially true for those businesses that find themselves in a sometimes new or often...more

DOJ’s Settlement Imposes Legal Process Compliance Monitor, Highlighting the Government’s Increased Focus on Data Preservation

Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement...more

First Circuit Narrows Whistleblower Protections of Sarbanes-Oxley

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential...more

Anonymization v. De-Identification, Post-Dobbs; Rumblings from the FTC

When is personal data “anonymized”? The answer to this question has largely been based on jurisdiction. If your business is in the U.S., so long as HIPAA or the CCPA does not govern, then generally aggregated or...more

SEC’s Expansion of Crypto Assets and Cyber Unit Signals Increased Enforcement Ahead

In a move that further executes upon the SEC’s increasingly tough rhetoric on cryptocurrency and cybersecurity, SEC Enforcement recently announced that it will nearly double the size of its newly-renamed Crypto Assets and...more

Can You Still Protect Digital Forensic Reports From Discovery? It’s Getting Harder.

A data security incident will always require a technical response, and usually that technical response will come from outside experts. Those experts are hired to investigate and remediate an incident. Since data incidents...more

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

A Spate of Legislative Action Portends a Busy Year in Privacy and Security

The new decade has barely begun, and the world of privacy already seems set to change quickly. Here is a brief overview: New Laws In Effect as of January 1 - On January 1, 2020, new data breach notification requirements...more

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