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
Connecticut Attorney General William Tong recently announced his office’s first enforcement action for violations of the Connecticut Data Privacy Act. “This law has now been in effect for two years,” Tong said in a...more
It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more
We are moving westward this week from Iowa to Nebraska in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. Nebraska Governor Jim Pillen (R) signed the...more
Iowa is next up in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. On March 28, 2023, Iowa Governor Kim Reynolds (R) signed into law Senate File 262...more
Covered entities (CEs) and business associates (BAs) may receive a “discount” for having recognized security practices (RSPs) in place when the HHS Office for Civil Rights (OCR) calculates financial penalties for Security...more
Change Healthcare Inc. has amended its initial breach report to the HHS Office for Civil Rights (OCR) to state that 100 million individuals were impacted by its mammoth ransomware attack and breach. However, as of Oct. 24,...more
On October 22, 2024, the Securities and Exchange Commission charged four companies with making materially misleading disclosures about their cybersecurity risks. Each of the companies—Unisys Corp., Avaya Holdings Corp., Check...more
Dutch data privacy officials recently imposed a staggering penalty on Uber – €290 million ($324 million) – for allegedly breaching the European Union’s comprehensive data privacy and security law. This groundbreaking fine is...more
As U.S. states continue to pass data privacy legislation, Maryland has gone above and beyond in signing both the Maryland Online Data Privacy Act of 2024 (MODPA) and the Maryland Age Appropriate Design Code (HB 603/SB...more
Warum ist das relevant? Bei Verstößen gegen das Datenschutzrecht drohen Unternehmen insbesondere zwei Konsequenzen: Maßnahmen der Datenschutzaufsichtsbehörden inkl. möglicher DSGVO-Geldbußen nach Art. 83 DSGVO sowie...more
Die europäischen Datenschutzbehörden haben eine koordinierte Prüfaktion mit Fokus auf das Auskunftsrecht gem. Art. 15 DSGVO gestartet. Dabei handelt es sich um eines der in der Praxis bedeutsamsten Datenschutzrechte, gerade...more
Warum ist das relevant? Die bisherige deutsche Rechtslage ging davon aus, dass die bloße Feststellung eines Datenschutzverstoßes durch ein Unternehmen für die Verhängung einer Geldbuße nicht ausreichend war. Vielmehr musste...more
On January 16, 2024, New Jersey Governor Phil Murphy signed Senate Bill (SB) 332, establishing New Jersey’s consumer data privacy law, the New Jersey Data Privacy Act (NJDPA) which will be effective January 15, 2025. This...more
The Court of Justice of the European Union (CJEU) clarified in two judgments in the last month of 2023 (Deutsche Wohnen, ECLI:EU:C:2023:950 [DW] and Nacionalinis visuomenės sveikatos centras, ECLI:EU:C:2023:949 [NVSC]) the...more
Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...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
Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...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
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
Last Friday, China passed the world’s harshest data privacy law, threatening violators with fines of up to 50 million Yuan (or about $7.7 million at the time of publication) or 5% of annual revenue. The Personal Information...more
First we take Sacramento, then we take Berlin: How do US data protection laws affect how you do business. The webinar is aimed at in-house or outside counsel, as well as data protection and compliance officers. In this...more
On November 3, California voters passed the California Privacy Rights Act, a ballot initiative that substantially amplifies data privacy oversight for qualifying enterprises doing business in California. Although it builds...more
• On October 17, Senator Ron Wyden (D-OR) introduced legislation to establish baseline privacy and cybersecurity protections and issue fines to companies and criminal penalties to senior executives. • The New Democrat...more
July 2019 brought an escalation in the enforcement of privacy infringements by companies around the world. The trend began with a press release published on July 8, 2019, of a fine in the approximate amount of GBP 183 million...more
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more