Start-up companies know that, when potential investors kick the tires, they will look carefully at the company’s business model and IP portfolio. These days, investors are also likely to look at whether the company is in compliance with privacy and data security laws. Cybersecurity has become increasingly important for business of all sizes. While identity thieves may focus on the target rich environments of large-scale enterprises,… More
Monthly Archives: January 2019
GDPR Alert: Google Gets Biggest Fine Ever Issued by a European Data Protection Authority
On 21 January 2019, the French Data Protection Authority (the “French DPA”) fined Google LLC 50 million euros for breach of the GDPR.
As we reported on this blog, just after GDPR became applicable, noyb.eu (None of Your Business), the non-profit privacy organization set up by Max Schrems, the Austrian lawyer who initiated the action against Facebook that led to the invalidation of the Safe Harbor,… More
Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?
Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in the ever-evolving field of how to balance law enforcement needs and individual citizens’ privacy interests as new technologies emerge.
The United States District Court for the Northern District of California has been a hotspot for privacy-related litigation,… More
Is the Right to be Forgotten National, European or Worldwide? The Advocate General Issues an Opinion in the Google Case
On January 10, 2019, Advocate General Szpunar issued his much awaited opinion in the Google case that was referred to the European Court of Justice by the French “Conseil d’Etat”, the highest administrative court of the country. The Conseil d’Etat basically asked the European Court of Justice to follow-up on its Google Spain decision: is the right to be forgotten –… More
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: HIPAA
Editors’ Note: This is the seventh and last in our third annual series examining important trends in data privacy and cybersecurity during the new year. Our previous entries were on political advertising, cryptocurrency, emerging threats, state law trends, comparing the GDPR with COPPA,… 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 cryptocurrency, emerging threats, state 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 threats, state 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