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Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer...

Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws.  The recently passed California Privacy Rights Act (CPRA)...more

European Union Publishes Draft Standard Clauses for Trans-Atlantic Data Transfers

Data Transfer from the European Union to the United States is a knotty process. The difficulties were compounded this summer when Europe’s highest court held the “Privacy Shield” program enabling U.S-E.U. data transfers...more

Crime Does Pay: Business Email Compromise, Organization Vulnerability, and How Hackers Attacked the Wisconsin Republican Party

We have previously written about “phishing.” Phishing involves using social pressure  to trick the recipient to send sensitive information,  network control, or credentials, to hackers posing as authorized users....more

New York Fires First Salvo Under Cybersecurity Law

The New York Department of Financial Services (NYDFS) has launched its first enforcement action under New York’s Cybersecurity law for financial services, so-called Part 500. Part 500 requires NYDFS licensed institutions to...more

CCPA Arrives With The New Year: Minimal Tips For Compliance

The holidays are over. 2020 is upon us. And for American businesses with any connection to California, this means one thing: the California Consumer Privacy Act (CCPA), America’s version of GDPR is here. It is a phased...more

Ten Things To Know About North Carolina's Data Protection Bill

As Congress continues to wrestle with federal privacy legislation, the states have been lining up alternative proposals. North Carolina has introduced its own bipartisan bill. The bill, H.B 904, will not pass this year. Even...more

Pennsylvania Supreme Court Permits Negligence Claim To Proceed In Data Breach Class Action - Will Other States Follow?

In finding a common law duty to protect employees’ personal data, the Pennsylvania Supreme Court has unexpectedly, and dramatically, altered the contours of the data breach litigation landscape....more

A Bipartisan Proposal to Beef Up North Carolina's Identity Theft Protection Act

Data privacy regulation tends to take one of two general approaches. In most of the world—but not in the United States—the approach is usually characterized as “omnibus.” Under an omnibus regime, privacy rights are defined at...more

Some Final Thoughts as GDPR Takes Effect on May 25

Given recent headlines, ranging from Facebook to Cambridge Analytica to the City of Atlanta’s ransomware attack, the logical inference is that the European Union’s General Data Protection Regulation (GDPR) is a product of our...more

Proposed Changes To NC Identity Theft Protection Act - What Do Businesses Need To Know?

The year was 2005. The iPhone was still two years away. Facebook was still a niche product. Tweeting was a birds-only activity. And North Carolina was one of the first states in the union to enact a data breach notification...more

Lessons from the Equifax Breach

As data breaches go, they don’t get much bigger than this. On Thursday, September 7, credit reporting giant, Equifax, reported that it had suffered a cyber-incident. 143 million consumer records, including names, birth dates,...more

W-2 Phishing Scams: Don’t Take the Bait

In recent weeks, hundreds of businesses around the country have been hit by an email “phishing” scam that is both brilliant in its exploitation of workplace power dynamics and potentially devastating in its effects. This...more

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