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|The Heartbleed Bug: Data Breach and Liability Risks|
Richard J. Johnson, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
April 24, 2014, previously published on April 2014It seems that every other day we learn about a new data security threat or compromise. The so-called "heartbleed bug," or CVE-2014-0160 for those technically inclined, is the latest reported data security vulnerability, and it requires an immediate and swift response. The bug was recently...
|Privacy & Security Bits and Bytes|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 22, 2014, previously published on April 18, 2014There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up. We’ll give you a roundup here for your Friday and weekend reading.
|FTC and DOJ Issue Antitrust Policy Statement on Sharing Cybersecurity Information|
Robert P. Davis, Lisa Jose Fales, Jason R. Wool; Venable LLP;
April 22, 2014, previously published on April 2014On April 10, 2014, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a policy statement clarifying that the Agencies "do not believe that antitrust is - or should be - a roadblock to legitimate cybersecurity information sharing." But while the policy statement may...
|EU Regulators Issue Draft Contractual Clauses for EU to Non- EU Data Transfers|
Jane Elphick, Sarah Pearce; Edwards Wildman Palmer LLP;
April 17, 2014, previously published on April 15, 2014On March 21 2014, the Article 29 Working Party (the “Working Party”) issued Working document 01/2014 on Draft Ad hoc contractual clauses “EU data processor to non-EU sub-processor" (the “Working Document”), which contains draft ad-hoc contractual clauses for...
|U.S. and U.K. Sign Memorandum of Understanding for Collaboration on Data Privacy Enforcement|
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
April 15, 2014, previously published on April 2014Citing the increasing frequency with which consumer information crosses international borders and the need for coordinated monitoring and enforcement strategies related to consumer privacy, the U.S. Federal Trade Commission entered into a Memorandum of Understanding (MOU) with its U.K. counterpart,...
|Government Of Canada Proposes Important Changes To PIPEDA|
Bonnie Freedman, Priscilla Platt; Borden Ladner Gervais LLP;
April 15, 2014, previously published on April 10, 2014On Tuesday April 8, 2014 the Federal Government introduced important amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA). Bill S-4, the “Digital Privacy Act” was introduced by the Leader of the Government in the Senate. The Bill is a part of...
|States Further Attempt to Protect Minors' Privacy Online|
Kenneth R. Florin, Nerissa Coyle McGinn, James D. Taylor; Loeb & Loeb LLP;
April 15, 2014, previously published on April 2014Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the Delaware Code. The California bill, which was enacted in September 2013 and...
|A Desk Guide to Data Protection and Breach Response - Part 8|
Micah E. Skidmore, Leslie C. Thorne; Haynes Boone LLP;
April 14, 2014, previously published on April 3, 2014During an investor conference call on Wednesday, February 26, Target CFO John Mulligan reported that the highest profile data breach of 2013 cost the retailer $61 million in out-of-pocket expenses during the fourth quarter, of which $44 million was covered by insurance. While Target has not...
|A Desk Guide to Data Protection and Breach Response - Part 6|
Jason Stephen Juceam, David M. Siegal; Haynes Boone LLP;
March 24, 2014, previously published on March 21, 2014When a company falls victim to a damaging cyber attack or suffers a theft of sensitive data or intellectual property, the incident very well may fall within the ambit of one or more criminal statutes designed to deter and punish perpetrators with the prospect of jail time, financial penalties and...
|New Anti-Spam Legislation Could Bolster Canadian Privacy Commissioner’s Call for Greater PIPEDA Enforcement Powers|
David Spratley; Davis LLP;
March 14, 2014, previously published on March 13, 2014Canada’s new anti-spam legislation (“CASL”) comes into effect later this year, and it packs a punch ¿ fines of up to $10 million per violation for companies and up to $1 million per violation for individuals. The government was clearly prepared to give regulators substantial...