FTC Assesses $800,000 Fine Against Mobile App Operator and Issues Mobile...
The Federal Trade Commission has emphasized in the past that general privacy protections in the website space apply equally to mobile services, but a new FTC Staff Report released on Friday hones in on...
View ArticleCalifornia Introduces “Right to Know” Privacy Law, Seeking to Increase...
California Assembly Member Bonnie Lowenthal recently introduced the “Right to Know Act of 2013” (AB1291) in the California State Assembly. If passed, this legislation would allow U.S. consumers...
View ArticleFTC Dot Com Disclosure Update: What's New for 2013
In March, the Federal Trade Commission issued updated advertising guidelines to take into account the challenges created by the rapid growth of mobile and online advertising platforms, particularly...
View ArticleCalifornia Enacts Several Pieces of New Privacy Legislation
California is continuing to blaze new trails in the area of online data privacy. Gov. Jerry Brown recently signed into law several new pieces of privacy legislation. The new laws affect all operators...
View ArticleMobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular...
The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal...
View ArticleObama Administration Announces Cybersecurity and Privacy Initiatives
On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives,...
View ArticleNew California Law for Minors Went Into Effect Jan. 1: What You Need to Know...
California S.B. 568, “Privacy Rights for California Minors in the Digital World” (Cal. Bus. & Prof. Code § 22580-22581) took effect on Jan. 1, 2015. Enacted as an amendment to CalOPPA, the law...
View ArticleThird Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate...
On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In...
View ArticleThird Circuit to Wyndham (Part II): "Deceptive" is also "Unfair" in the...
In Part I, we discussed the Third Circuit's finding that the "unfair" prong of the FTC Act does not require the agency to provide specific cybersecurity standards with "ascertainable certainty" to...
View ArticleNotifying Parties In Username/Password Breaches . . . It’s Not Just the Law
As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws....
View ArticlePrivacy, Security, Risk: What You Missed At IAPP Conference
Earlier this month, privacy and security professionals from around the globe gathered for “Privacy. Security. Risk. 2015”—the second joint conference between the International Association of Privacy...
View ArticleCalifornia Updates its Data Breach Notice Statute (Again)—What You Need to Know
On October 6, California Governor Jerry Brown signed legislation updating California’s data breach notice statute for the third time in three years. The news was quickly overshadowed by the CJEU’s...
View ArticleEU Working Party Issues Statement on CJEU's Invalidation of Safe Harbor...
The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative...
View ArticleEU Working Party Issues Statement on CJEU’s Invalidation of Safe Harbor...
The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative...
View ArticlePRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to...
Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable...
View ArticleGerman DPAs Add Further Pressure to EU-US Data Transfers
Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down...
View ArticleEU Reaches Agreement On New Data Protection By Laws
After nearly 4 years of negotiations, yesterday evening the EU reached agreement on the final provisions of its new data protection laws. With it, a new era of data protection has been ushered in that...
View ArticleFTC and Wyndham Call a Truce
Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC...
View ArticleFTC Enforcement in Schein: Misleading Statements about Encryption and...
On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations...
View ArticleSafe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield
The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”)....
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