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First Enforcement Actions Brought Pursuant to China’s Cybersecurity Law

In the wake of China's Cybersecurity Law coming into effect at the beginning of June, local authorities in Shantou and Chongqing have brought enforcement actions against information technology companies for violations of the Cybersecurity Law. These are, reportedly, the first enforcement actions brought pursuant to the Cybersecurity Law.… Continue Reading

New Jersey Shopper Privacy Bill Signed into Law

On July 21, 2017, New Jersey Governor Chris Christie signed a bill that places new restrictions on the collection and use of personal information by retail establishments for certain purposes. The statute, which is called the Personal Information and Privacy Protection Act, permits retail establishments in New Jersey to scan a person’s driver’s license or other state-issued identification card only for eight purposes. … Continue Reading

Cybersecurity Law Goes Into Effect in China

On June 1, 2017, the new Cybersecurity Law went into effect in China. This post takes stock of (1) which measures have been passed so far, (2) which ones go into effect on June 1 and (3) which ones are in progress but have yet to be promulgated.… Continue Reading

UK ICO Stresses Importance of Preparing for the GDPR and Addresses the ICO’s Role Post-Brexit

With just under one year to go before the EU General Data Protection Regulation becomes law across the European Union, the UK Information Commissioner’s Office has continued its efforts to help businesses prepare for the new law, including by issuing updated guidance and its Information Rights Strategic Plan 2017-2021. The ICO also has taken steps to address its own role post-Brexit.… Continue Reading

Global Ransomware Attacks Raise Key Legal Considerations

On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading

Chinese Hackers Fined for Hack of New York Law Firms

On May 5, 2017, the U.S. District Court for the Southern District of New York entered a default judgment in favor of the SEC against three Chinese defendants accused of hacking into the nonpublic networks of two New York-headquartered law firms and stealing confidential information regarding several publicly traded companies engaged in mergers and acquisitions.… Continue Reading

Wireless Provider Reaches $2.5 Million Settlement with OCR

On April 24, 2017, the U.S. Department of Health and Human Services’ Office for Civil Rights announced that it had entered into a resolution agreement with CardioNet, Inc., stemming from gaps in policies and procedures uncovered after CardioNet reported breaches of unsecured electronic protected health information.… Continue Reading

New Mexico Enacts Data Breach Notification Law

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the two remaining states without such requirements. The Data Breach Notification Act (H.B. 15) goes into effect on July 1, 2017. … Continue Reading

Working Party Adopts Opinion on Proposed ePrivacy Regulation

On April 4, 2017, the Article 29 Working Party adopted an Opinion on the Proposed Regulation of the European Commission for the ePrivacy Regulation. The Proposed ePrivacy Regulation is intended to replace the ePrivacy Directive and to increase harmonization of ePrivacy rules in the EU. … Continue Reading

FTC Announces Settlement Over Alleged Consent Order Violation

On March 17, 2017, the Federal Trade Commission announced that Upromise, Inc., agreed to pay 500,000 dollars to settle allegations that it violated the terms of a 2012 consent order that required Upromise to provide notice to consumers regarding its data collection and use practices, and obtain third-party audits.… Continue Reading

ICO Publishes Guidance on Consent under the EU GDPR

Recently, the UK Information Commissioner’s Office published draft guidance regarding the consent requirements of the EU General Data Protection Regulation that sets forth how the ICO interprets the GDPR’s consent requirements, and its recommended approach to compliance and good practice. … Continue Reading

FCC Stays Implementation of Data Security Rules

On March 1, 2017, the Federal Communications Commission, under the new leadership of Chairman Ajit Pai, voted 2-1 to issue a temporary stay of the data security obligations of the FCC’s Broadband Consumer Privacy Rules, which were to go into effect March 2, 2017. The temporary stay will remain in place until the FCC is able to act on pending petitions for reconsideration. … Continue Reading
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