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Documents on Internet Law, Computer & Data Services
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|Rapid Response to Data Breach Required to Avoid Liability|
Peter R. Ryndak; Johnson & Bell, Ltd.;
November 10, 2015, previously published on November 2015American companies have been slow to realize that they are a potential target of a cyber-attack. Last year, FBI Director, James Comey remarked that “there are two kinds of big companies in the United States. There are those who’ve been hacked¿.and those who don’t know...
|Cyber-Risk Management - Data Incident Notification Obligations|
Bradley J. Freedman; Borden Ladner Gervais LLP;
November 6, 2015, previously published on October 30, 2015 Effective cyber-risk management requires that an organization have a comprehensive incident response plan, so that the organization can rapidly respond to a data incident. To prepare an incident response plan, an organization must understand its data incident notification obligations.
|Conference of German Data Protection Officers' Position Paper Offers Guidance on Safe Harbor Decision: No New Approvals for Data Transfers to the U.S. Based on BCRs or Ad-Hoc Clauses|
Ted-Philip Kroke, Mauricio F. Paez, Stefanie Stoehr, Undine von Diemar; Jones Day;
November 5, 2015, previously published on October 2015On October 26, 2015, the Conference of the Data Protection Commissioners of the German Federation and the German States (the "Conference") issued a position paper (source document in German), which followed the Article 29 Working Party's October 16, 2015 statement on the practical...
|7 Tactics for Winning the Cyber War, Part 1: The Issue|
Richik Sarkar; McDonald Hopkins LLC;
October 30, 2015, previously published on August 26, 2015Clearly, cybersecurity isn’t just an IT issue ¿ it’s a corporate strategy issue that affects everything from your company’s bottom line to your top level executives and directors. In fact, the next generation of cyber attackers are targeting these high profile individuals...
|7 Tactics for Winning the Cyber War, Part 3: Know What You Need to Know|
Richik Sarkar; McDonald Hopkins LLC;
October 30, 2015, previously published on September 22, 2015The first step in having a board that understands your company’s cybersecurity protocols and procedures is to provide them with what they need to know about cybersecurity to operate effectively.
|Target Discovery Ruling Sheds Light on Preserving Privilege of Post-Breach Internal Investigations|
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
October 30, 2015, previously published on October 2015Last week, on October 23, 2015, U.S. Magistrate Judge Jeffrey J. Keyes denied a class of banks’ motion that Target produce documents generated during its internal investigation of the massive 2013 holiday season data breach.1 This decision highlights the need for corporations to carefully...
|EU-U.S. Data Protection Safe Harbor: Not Safe Anymore|
Paloma Bru, Laurent De Muyter, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
October 19, 2015, previously published on October 2015On October 6, 2015, the European Court of Justice ("ECJ") invalidated the European Union-United States data protection safe harbor (the "Safe Harbor"). In its decision in Case C-362/14 Maximilian Schrems v Data Protection Commissioner, the ECJ invalidated the Safe Harbor because...
|EU Top Court Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 12, 2015, previously published on October 6, 2015A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook...
|Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon|
Jeremy L. Ross, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 9, 2015, previously published on September 28, 2015Pursuant to European Commission Decision 2000/520, United States-based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked questions contained in Decision 2000/520, referred to as the “safe...
|U.S. and China Agree to Collaborate in Addressing Cyber Theft Scourge|
Richard J. Johnson, Michael R. La Marca, Mauricio F. Paez; Jones Day;
October 6, 2015, previously published on September 2015The United States and China announced on September 25 that they had reached a "common understanding" to combat "cyber-enabled theft of intellectual property." While the joint statement and accompanying White House Fact Sheet was short on details, President Obama and President Xi...