News & Analysis as of

Personal Data Data Breach Corporate Counsel

Womble Bond Dickinson

The ICO’s Penalty Against 23andMe Brings New Emphasis on Cybersecurity Risks - Key Takeaways for U.S. Companies

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The dramatic increase in global reach that the internet provides U.S.-based companies comes as a double edge sword. While it significantly increases a company’s potential customer pool, it also subjects companies to...more

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

DLA Piper

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

Levenfeld Pearlstein, LLC

New Year, New State Data Privacy Laws

With the advent of a new year comes a new set of consumer data privacy laws in the United States. Five new state data privacy laws go into effect in January 2025, with additional laws coming throughout 2025 and into 2026....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends Data Breach Notification Law to Enhance Notification Requirements, Expand Definition of ‘Private Information’

On December 24, 2024, New York Governor Kathy Hochul signed into law amendments to New York’s private-sector data breach notification law (General Business Law § 899-aa) and government agency data breach notification law (New...more

Robinson+Cole Data Privacy + Security Insider

A Year in Privacy and Security: Privacy Violations, Large-Scale Data Breaches, and Big Fines and Settlements

2024 was a year chock-full of data breaches and privacy violations. Many new data privacy and cybersecurity regulations were introduced (and became effective), and regulators sent a strong message to businesses that privacy...more

Jackson Lewis P.C.

New York Enacts Immediate Updates to Breach Notification Law

Jackson Lewis P.C. on

Governor Kathy Hochul signed several bills last month designed to strengthen protections for the personal data of consumers. One of those bills (S2659B) makes important changes to the notification timing requirements under...more

Womble Bond Dickinson

Defending Data Breach Class Actions

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Class actions arising from data breach represented the fastest growing segment of class action filings. In 2023, more than 2000 class actions were filed, more than triple the amount filed in 2022. These cases were filed in...more

Pillsbury - Consumer Protection Dispatch

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more

Alston & Bird

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

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On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Burr & Forman

Are you properly protecting your employees' personal information?

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If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that...more

Cooley LLP

European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

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On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation...more

Bennett Jones LLP

British Columbia Employer Found Vicariously Liable for Data Breach

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The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Mintz - Privacy & Cybersecurity Viewpoints

“Ding Dong” -- FTC-Drizly Data Breach Settlement Will follow CEO Personally for a Decade

The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only...more

Orrick, Herrington & Sutcliffe LLP

"42", the Answer to the Number of Authorities Notified in Cross-Border Breaches – Don't Panic!

Last week, the European Data Protection Board ("EDPB") published a long-awaited update of its guidance on breach notification—which did not contain much news generally. However, it does bring a significant new burden for...more

Alston & Bird

Heavier Breach Notification Obligations for U.S. Companies Subject to the EU GDPR According to Proposed Regulatory Guidance from...

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On October 18, 2022, the European Data Protection Board (“EDPB”) published a proposed updated version of its regulatory guidance on personal data breaches under the EU GDPR (the “Proposed Updated Guidance”). The Proposed...more

Ballard Spahr LLP

Third Circuit Becomes First Court of Appeals to Address Article III Standing in a Data Breach Case Post TransUnion

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The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more

Bennett Jones LLP

Regulatory Obligations Concerning the Disposal of Outdated Hard Drives and Servers

Bennett Jones LLP on

The disposal of hardware in the wrong manner can leave an organization offside its regulatory obligations under privacy legislation. Depending on the residence of the individuals or entities whose personal data is stored by...more

Jackson Lewis P.C.

Connecticut Likely to Become Fifth State to Enact Comprehensive Consumer Privacy Law

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When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. ...more

Kennedys

Kennedys cybersecurity and privacy (US) 2021 year in review

Kennedys on

As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

Jones Day on

On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more

Wyrick Robbins Yates & Ponton LLP

5 Key Takeaways from the EDPB’s Final Guidelines on Examples Regarding Personal Data Breach Notification

Following a public consultation on an initial version released last January, the European Data Protection Board (“EDPB”) last month adopted a final version of its Guidelines on Examples regarding Personal Data Breach...more

Alston & Bird

EDPB Issues New Guidance for Assessing Personal Data Breaches under the EU GDPR

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On Monday, 3 January 2022, the European Data Protection Board (“EDPB”) published the finalized version of its regulatory guidance entitled “Examples regarding Personal Data Breach Notification” (the “Guidelines”), following a...more

BakerHostetler

8 Key Takeaways for Initial Defenses Under the CCPA and CPRA

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Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial...more

BakerHostetler

Effective Oct. 1, 2021: Connecticut Expands Data Breach Notification Statute

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On June 16, 2021, the Connecticut General Assembly adopted an expanded version of Connecticut’s data breach notification statute (2021 CT H.B. 5310 (NS)). Through this expansion, Connecticut’s data breach notification statute...more

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