Minimizing Litigation Risk: What Cybersecurity Auditors Can Learn From Their Financial Statement Auditor Analogues

Data breaches – always critically important to those with responsibility for storing, transporting and protecting electronic information – have become an all-consuming topic of late. Stories about data theft dominate political headlines, boardroom discussions, and family meetings around the dinner table.  They, of course, have also been the subject of government investigations and private litigation.

The current environment is not unlike other moments in our recent past that seemed to have captured the attention of Wall Street,… More

Massachusetts Amends Its Data Breach Response Law

On January 10, 2019, Massachusetts Governor Charlie Baker signed a new law that amends its data breach reporting law, and requires credit reporting agencies such as Equifax to provide a free credit freeze to consumers.  The new law, “An Act Relative to Consumer Protection from Security Breaches,” also requires companies to offer up to three years of free credit monitoring to victims of a security breach,… More

Cybersecurity 2019 — The Year in Preview: Elections and Political Advertising

Editors’ Note:  This is the sixth in our third annual series examining important trends in data privacy and cybersecurity during the new year.  Our previous entries were on cryptocurrencyemerging threatsstate law trends, comparing the GDPR with COPPA, and energy and security.  Up next:  HIPAA.

Social media companies’ and search engines’ revenue models are based on creating valuable advertising platforms for marketers. … More

Basics for Sharing Direct Marketing Databases with Business Partners in the EU

Many companies share personal information they gather directly from individuals with “business partners” who use the information for their own direct marketing purposes. It is the case, for example, of companies that provide services on the internet free of charge but gather and sell the data related to their users to business partners. As the Washington Post recently learned, companies with this business model may find it challenging to comply with the European requirements,… More

Cybersecurity 2019 — The Year in Preview: Cryptocurrency and SEC Enforcement

Editors’ Note:  This is the fifth in our third annual series examining important trends in data privacy and cybersecurity during the new year.  Our previous entries were on emerging threatsstate law trends, comparing the GDPR with COPPA, and energy and security.  Up next:  political advertising.

In our 2018 SEC year in preview post,… More

Cybersecurity 2019 — The Year in Preview: AI, Security, and Emerging Threats

Editors’ Note:  This is the fourth in our third annual series examining important trends in data privacy and cybersecurity during the new year.  Our previous entries were on state law trends, comparing the GDPR with COPPA, and energy and security.  Up next:  cryptocurrency.

Predicting the future is always a bit of a mug’s game, given that today’s bold claims about what is coming next often end up being served as tomorrow’s “claim chowder,” to use John Gruber’s memorable phrase.… More

A New Year’s Resolution: Wrap Your Car Fob in Foil!

Happy New Year!  While you are making (and soon breaking) your resolutions, here’s another lifestyle change to consider for 2019:  putting your car fob in foil at night before you go to sleep.  Why?  Because the fob’s signal can be hacked; thieves can hijack the signal to enter your car and steal it and/or its contents.

According to an article in the Detroit Free Press,… More

Cybersecurity 2019 — The Year in Preview: New Attorneys General and Trends in State Data Privacy Laws

Editors’ Note:  This is the third in our third annual end-of-year series examining important trends in data privacy and cybersecurity during the coming year.  Our previous entries were on comparing the GDPR with COPPA and on energy and security.  Up next:  emerging threats.

Whether it was a Blue Wave or a “Big Victory,” the midterm elections unequivocally transformed state regulatory and enforcement landscapes by sweeping in four new Democratic Attorneys General and earning Democrats a majority of those key policymaking positions. … More

Cybersecurity 2019 — The Year in Preview: COPPA, the GDPR, and Protecting Children’s Data

Editors’ Note:  This is the second in our third annual end-of-year series examining important trends in data privacy and cybersecurity during the coming year.  Our previous entry was on energy and security.  Up next:  trends in state data privacy enforcement.

Since the General Data Protection Regulation (GDPR) came into effect in May 2018, one of the most common questions for practitioners is what the GDPR means for children. … More