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Showing 28 posts by Taylor A. Gast.

Children's Online Privacy Protection Act: Are You Compliant?

The Children’s Online Privacy Protection Act (“COPPA”) was enacted in 1998 and was created to address concerns with the online collection of children’s personal information. Recently, the Federal Trade Commission (“FTC”) has announced several large fines for companies not in compliance. Read More ›

Categories: Compliance, Liability, Privacy, Technology

Updates on Federal and State Privacy Legislation and the FTC’s Authority

The International Association of Privacy Professionals Global Privacy Summit (“GPS”) occurred at the beginning of this month in Washington, D.C., giving more than 4,000 privacy professionals the chance to meet, reconnect, discuss developing issues, and learn from leaders in data privacy and security. Much of the conversation centered around the General Data Protection Regulation ("GDPR"), now approaching one year since its effective date. Read More ›

How are Businesses Preparing for Proposed Federal Data Privacy Legislation? Part Two: Conduct a Data Assessment and Address Risks

This is the second part in a series discussing the actions that companies can take to prepare for potential data privacy legislation. Part One summarizes and discusses recently proposed data privacy legislation. Read More ›

Categories: Compliance, Cybersecurity, Digital Assets, IT Contracts

Michigan Marijuana Retailers: Data Privacy and Cybersecurity Risks

More than 30 states have legalized medical marijuana and more than 10 have legalized marijuana for recreational use, including Michigan in a 2018 ballot proposal. Marijuana retailers have significant issues to address as the industry and the rules governing it mature over time. Among those issues, retailers should not overlook data privacy and cybersecurity issues.   Read More ›

Categories: Cybersecurity, Electronic Health Records, HIPAA

SEC-Regulated Companies Should Address Cybersecurity to Avoid Enforcement Risks

If 2018 was any indication, cybersecurity compliance should be high on the list of SEC-regulated companies’ priorities in 2019. Take, for example, the SEC’s 2018 enforcement action against Voya Financial Advisor, Inc. (“Voya”) for violation of the Red Flags Rule, which resulted in a $1 million settlement. Read More ›

Categories: Compliance, Cybersecurity

Are Boards of Directors Responsible for Cybersecurity?

Whose responsibility within a company is cybersecurity? Should key decisions fall to IT, or should higher management be involved more heavily in day-to-day cybersecurity risk management? Given the large fines and compliance obligations facing companies today, it’s probably obvious to most that data privacy and security is not just a technology issue. Read More ›

Categories: Cybersecurity, Digital Assets

How are Businesses Preparing for Proposed Federal Data Privacy Legislation? Part One: Understanding Current Proposals

Federal data privacy legislation in the United States is looking increasingly likely to pass in the foreseeable future. This renewed outlook is a stark change for those who remember previous legislative proposals, like the 2009 Personal Data Privacy and Security Act that never received a floor vote. Read More ›

Categories: Cybersecurity, Privacy

Cybersecurity and Data Privacy Considerations in Due Diligence

Data privacy and cybersecurity concerns are changing the way potential investors and acquirers evaluate a target company through due diligence. Data and security related risks can be extremely costly – especially those that are not uncovered in due diligence. Read More ›

Categories: Cybersecurity, Did you Know?, Digital Assets, Privacy

Ohio Enacts Unique Safe Harbor to Reduce Data Breach Litigation Risks

On November 2, 2018, Ohio became the most recent state to update its data breach laws by enacting the Ohio Data Protection Act. Read More ›

Categories: Cybersecurity, Digital Assets

California Enacts Sweeping Privacy Legislation

On June 28, California governor Jerry Brown signed into law the California Consumer Privacy Act of 2018. The Act will significantly impact companies (including many based outside of California) and United States legislation in the coming months, although it is unclear whether the new law will serve as an example for other states or an outlier. Importantly, the Act contains a number of "GDPR-like" features, making it the most restrictive data privacy law that the United States has ever seen. Read More ›

Categories: Cloud Computing, Did you Know?, Digital Assets, Privacy