On February 23, 2016, the Federal Trade Commission (FTC) announced a settlement with computer hardware maker ASUSTeK Computer, Inc. (ASUS). The ASUS settlement highlights the FTC’s position regarding security in the connected device market: connected device manufacturers are responsible for security shortcomings in their devices and are expected to promptly update or patch any identified … Continue Reading
President Obama signed the Fixing America’s Surface Transportation Act (FAST Act) into law on December 4, 2015. The FAST Act not only provides long-term funding for highway and infrastructure improvements and other transportation projects, but also includes several privacy- and security-related provisions, including an important provision that may reduce consumer confusion and industry compliance costs … Continue Reading
On September 29, 2015, the PCI Security Standard Council (PCI SSC) issued guidance regarding data breach responses for merchants and service providers who process payment cards. The PCI SSC is a global forum founded by card brands (American Express, Discover, JCB, MasterCard, and Visa), and it is responsible for the development and management of the … Continue Reading
On September 9, 2015, the Federal Trade Commission (FTC) held its first “Start with Security” conference at the University of California Hastings College of the Law in San Francisco. The conference was the first in a series of events hosted by the agency intended to provide additional guidance to businesses regarding how to keep consumers’ … Continue Reading
This article is the third in a series of articles that discuss the importance of privacy and data security considerations in the transactional context. In any transaction in which an entity invests in or acquires another business or its assets, the investing or acquiring entity (the “Acquiror”) should fully evaluate its counterparty (the “Company”), the … Continue Reading
The Canadian Anti-Spam Legislation (CASL) is now showing that it has strong teeth. CASL requires companies operating in Canada to obtain affirmative opt-in consent prior to sending commercial electronic messages (CEMs), such as emails or text messages, within Canada. In addition, any CEM sent must contain certain identification information and provide recipients with a means … Continue Reading
This article is the second in a series of articles that discuss the importance of privacy and data security considerations in the transactional context. In light of numerous costly security breaches affecting disparate sectors of the American economy, public companies—ranging from merchants like Target Corporation and The Home Depot to technology firms like Adobe Systems, … Continue Reading
On October 17, 2014, the White House released its plans for a “BuySecure Initiative” in an executive order entitled “Improving the Security of Consumer Financial Transactions.” The initiative aims to push the market toward adopting more secure payment methods and to reduce the burden on consumers seeking to remediate identity theft incidents. The White House … Continue Reading
The Consumer Financial Protection Bureau (CFPB) recently adopted the Privacy Notice Rule, a final rule that permits the financial institutions it regulates the option to post annual consumer privacy notices online, rather than mailing paper copies to customers, under certain conditions.1 The Privacy Notice Rule is the latest instance of regulatory relief provided to financial … Continue Reading
This article is the first in a series of articles that will discuss the importance of privacy and data security considerations in the transactional context. Data privacy and data security continued to capture headlines and boardroom attention in 2014, as the EU “right to be forgotten” ruling, the Sony cyberattack,1 new laws and lawsuits, and … Continue Reading
Federal regulators released guidance in the first half of 2014 that should provide comfort to businesses that are considering sharing information relating to cybersecurity risks with other companies and the government. Although these advisory opinions are nonbinding and do not carry the force of law, they provide strong indications of the priorities of the U.S. … Continue Reading
In August 2014, the Federal Trade Commission (FTC) published a staff report that evaluates the consumer disclosures made by a number of popular mobile shopping applications and makes recommendations to the providers and users of those apps.1 The FTC staff did not address or find any fault with app platforms, like Google Play or Apple’s … Continue Reading
A proposed California law, the Consumer Data Breach Protection Act (A.B. 1710),1 has the potential to upend the calculus of determining liability after retail data breaches, create additional data security requirements for retailers and other consumer-facing businesses operating in California, and establish new standards for data breach reporting for breaches affecting California residents. The bill, … Continue Reading
