Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more
8/25/2017
/ Consent Order ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Personally Identifiable Information ,
Popular ,
Uber
If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more
Decisions you make when founding and/or investing in an insurtech venture can dictate your regulatory obligations, tax liability, operational structure and, ultimately, profitability.
Here are five seemingly simple...more
7/11/2017
/ Data Breach ,
Data Privacy ,
Department of Financial Services ,
EU Data Protection Laws ,
Insurance Industry ,
Insuretech Sector ,
Investors ,
NYDFS ,
Popular ,
Profits ,
Startups ,
Tax Liability ,
Venture Funding
Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more
The term “cloud computing,” — a process by which remote computers are used to store, manage and process data — is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses...more
According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more
7/20/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Security ,
Dwolla ,
FinTech ,
FTC v Wyndham ,
Hackers ,
Personal Data ,
Privacy Laws
For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more
11/3/2015
/ Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
Email Policies ,
Personally Identifiable Information ,
Popular ,
Tone At The Top ,
Training
As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union)...more
10/22/2015
/ Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Israel ,
Model Contracts ,
Personal Data ,
SCC ,
Schrems I & Schrems II ,
Switzerland ,
US-EU Safe Harbor Framework
On October 20, 2015, the Irish High Court ordered the Irish Data Protection Commissioner (DPC) to investigate Facebook’s European data privacy practices, bringing Max Schrems’ three-year fight full circle. The Court quashed...more
10/21/2015
/ Article 29 Working Party (WP29) ,
Data Privacy ,
Data Protection Authority ,
Data Protection Commissioner ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
International Data Transfers ,
Ireland ,
Legal Costs ,
Motions to Quash ,
Personal Data ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark...more
10/19/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Model Contracts ,
Personal Data ,
SCC ,
US-EU Safe Harbor Framework
The Court of Justice of the European Union (ECJ) has now declared Safe Harbor invalid – in total. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook Ireland’s transfer of...more
10/7/2015
/ Cloud Computing ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Human Resources Professionals ,
International Data Transfers ,
National Security Agency (NSA) ,
PRISM Program ,
US-EU Safe Harbor Framework
We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more
9/28/2015
/ Advocate General ,
Consent ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Edward Snowden ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga.
Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since...more
8/25/2015
/ Best Practices ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC v Wyndham ,
Personally Identifiable Information ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Wyndham
Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of...more
While you enjoy what is left of the summer of 2015, we will kick off your week with a few privacy and security bits and bytes....more
8/4/2015
/ Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Food and Drug Administration (FDA) ,
Hackers ,
Healthcare Facilities ,
Hospitals ,
Medical Devices ,
NAIC ,
Nursing Homes ,
Personally Identifiable Information