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Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports

The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player...more

[Webinar] GDPR vs. the California Consumer Privacy Act (CCPA) and Handling GDPR Personal Data Breaches - November 1st, 1:00pm ET

In this fourth installment of our GDPR compliance webinar series, we will introduce key concepts in California's strict new privacy law and discuss how the CCPA parallels – and differs from – the GDPR. We'll also take a deep...more

The Ninth Circuit Wades Into the “Autodialer” Fray and Creates a Circuit Split. TCPA Litigants Await FCC Guidance

What constitutes an autodialer or “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) is in flux. Under the statute, an “automatic telephone dialing system” is defined as...more

[Webinar] GDPR Compliance -- Employee Training, Data Protection Impact Assessments, M&A and More … - September 20th, 1:00pm ET

This is the third webinar in our series addressing compliance priorities and questions raised by GDPR. Important issues continue to emerge. Join our panelists, including the GDPR-seasoned general counsel of a global...more

[Webinar] GDPR Compliance Part II – Emerging Issues and Ongoing Challenges - July 17th, 1:00pm ET

We are pleased to present part two in our series addressing key compliance challenges and common questions concerning the European Union’s new General Data Protection Regulation (GDPR) which took effect May 25, 2018....more

[Webinar] GDPR Compliance and Beyond – What's Next? - June 26th, 1:00pm ET

The big push for GDPR compliance is over – or is it? Now that the GDPR has taken effect, organizations are facing the challenge of ongoing compliance with this sweeping regulation, trying to balance risk while reading...more

Canadian Breach Notification Requirements Take Effect November 1

On April 18, 2018, the Canadian government published long-awaited Breach of Security Safeguards Regulations specifying the requirements for notifying the Office of the Privacy Commissioner and affected individuals of data...more

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015...more

Clock Ticking, European Commission Launches GDPR Implementation Guidance Website

With only four months remaining until the EU General Data Protection Regulation takes effect on May 25, 2018, the European Commission has launched a new website offering guidance on requirements and implementation targeted at...more

[Webinar] Emerging Biometric Data Risks - January 24th, 1:00pm ET

In recent months, the Illinois Biometric Information Privacy Act (BIPA) has been the subject of renewed interest from the plaintiffs’ bar, with more than 60 BIPA-related class actions filed since August. Given the increased...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...more

[Webinar] Real Estate, Cybersecurity and The Internet of Things - October 10th, 12:00pm ET

The Internet of Things (IoT) is rapidly changing the digital landscape for business. An increasing number of physical items – from refrigerators and televisions to cars and skyscrapers – are now connected to the Internet (and...more

Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions

On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several...more

SEC Cybersecurity Risk Alert Emphasizes Proactive Compliance and Ongoing Vigilance

On August 7, 2017, the Securities and Exchange Commission (SEC) released its latest cybersecurity risk alert, detailing findings from the examination of 75 broker-dealers, investment advisers and investment companies carried...more

Nevada Enacts Online Privacy Policy Law; Illinois ‘Right to Know’ Bill Carried Over

Nevada recently became the latest state to pass a law requiring operators of websites and online services to post a public notice regarding their privacy practices. California was the first state to pass such a law in 2004,...more

New York DFS Updates FAQs to Clarify Applicability of Cybersecurity Regulation

With the first compliance deadline now less than two months away, the New York Department of Financial Services (NYDFS) has provided additional clarity concerning its new Cybersecurity Requirements for Financial Services...more

Washington State Passes Legislation Governing the Use of Biometric Information

Effective July 23, 2017, Washington will join Illinois and Texas as the third U.S. state to impose statutory restrictions on how businesses collect, use, disclose and retain biometric information. House Bill 1493 applies to...more

Deeper Dive: Ransomware – WannaCry and the Future of Ransomware-as-a-Service

In our 2017 BakerHostetler Data Security Incident Response Report, we addressed the increasingly ubiquitous scourge of ransomware, one of the fastest-growing types of malware causing data security incidents. We noted that...more

SEC Cybersecurity Risk Alert Urges Firms to Protect Against Ransomware

On May 17, 2017, the Office of Compliance Inspections and Examinations (OCIE) of the United States Securities and Exchange Commission (SEC) issued a risk alert highlighting the importance of registered broker-dealers,...more

Deeper Dive: Security Incident Notification Under the New EU General Data Protection Regulation (GDPR)

As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than...more

Massachusetts AG Settlement Bars Geofencing Near Medical Facilities

On April 4, 2017, the Massachusetts Attorney General’s office announced that it had settled with a digital advertiser following allegations the company was using geolocation technology to target ads to women visiting...more

Colorado Proposes Cybersecurity Requirements for Investment Advisers and Broker-Dealers

On March 27, 2017, the Colorado Department of Regulatory Agencies proposed changes to the Colorado Securities Act that would impose new cybersecurity requirements on investment advisers and broker-dealers (the “Proposed...more

FTC Nets $500,000 Settlement for Alleged Consent Order Violation Related to Online Data Collection Practices

On March 17, 2017, the Federal Trade Commission (FTC) announced that it had reached a $500,000 settlement with Upromise, a membership reward service aimed at families saving for college. The FTC had alleged that Upromise...more

Australia’s New Breach Notification Law Set to Take Effect February 2018

On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data...more

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked...more

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