The recent UK case of Soriano v Forensic News and Others tested the territorial reach of the General Data Protection Regulation and represents the first UK judgment dealing with the territorial scope of the GDPR. This was a “service out” case, where the claimant, Walter T. Soriano, sought the Court’s permission under the UK Civil Procedure Rules to serve proceedings on the defendants, who were all domiciled in the U.S.
Continue Reading UK Case Tests the Territorial Application of the GDPR to U.S. Run Website

On January 18, 2021, the European Data Protection Board released draft Guidelines 01/2021 on Examples regarding Data Breach Notification. The Guidelines aim to assist data controllers in deciding how to handle data breaches, including by identifying the factors that they must take into account when conducting risk assessments to determine whether a breach must be reported to relevant supervisory authorities and/or the affected data subjects.
Continue Reading EDPB Publishes Guidelines on Examples regarding Data Breach Notification

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information

The Federal Trade Commission issued a call for presentations on consumer privacy and data security research for its sixth annual PrivacyCon, which is to be held on July 27, 2021. The call for presentations asks for empirical research and demonstrations, including economic analyses, with implications for privacy and data security policy and law.
Continue Reading FTC Issues Call for Presentations for PrivacyCon 2021

On December 15, 2020, the Federal Trade Commission announced a proposed settlement with Ascension Data & Analytics, LLC, a Texas-based mortgage industry data analytics company, to resolve allegations that the company failed to ensure one of its vendors was adequately securing personal information of mortgage holders.
Continue Reading FTC Announces Enforcement for Inadequate Third Party Risk Management Practices Under the GLBA’s Safeguards Rule

On December 18, 2020, federal financial regulatory agencies announced a proposed rule that would require “banking organizations” to notify their primary federal regulator within 36 hours following any “computer-security incident” that rises to the level of a “notification incident.” The Proposed Rule also would require service providers to notify at least two individuals at the banking organizations they service immediately after experiencing a computer security incident that materially disrupts, degrades or impairs the services they provide.
Continue Reading Financial Regulators Announce Proposed 36-Hour Notification Requirement for Notification Incidents

On December 14, 2020, the Federal Trade Commission announced that it had issued orders to nine social media and video streaming companies, requesting information on how the companies collect, use and present personal information, their advertising and user engagement practices and how their practices affect children and teens.
Continue Reading FTC Issues Orders to Nine Social Media and Video Streaming Service Companies Regarding Privacy Practices

On December 15, 2020, the Irish Data Protection Commission announced its fine of 450,000 Euros against Twitter International Company, following its investigation into a breach resulting from a bug in Twitter’s design. The fine is the largest issued by the Irish DPC under the GDPR to date and is also its first against a U.S.-based organization.
Continue Reading Irish DPA Issues €450,000 Fine Against Twitter for Data Breach Following EDPB Decision under the GDPR Consistency Mechanism