Archives: Data Security, Privacy & Management

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Ninth Circuit rejects privacy argument in hiQ Labs, Inc. v. LinkedIn Corp.; raises antitrust concerns

On September 9, 2019, the Ninth Circuit Court of Appeals rejected LinkedIn’s privacy argument in hiQ Labs, Inc. v. LinkedIn Corp., declaring that selectively banning potential competitors from accessing and using public data “may well be considered unfair competition under California law.” The Ninth Circuit also cautioned Big Tech companies against anticompetitive practices when it … Continue Reading

Riding the cybersecurity compliance wave: How defense contractors can navigate the rising tide of cybersecurity regulations

Cybersecurity attacks targeting government information have drastically increased, and both the federal government and private industry have struggled to implement effective means of protecting this information. Federal agencies continue to strive for a unified approach to protect critical data; however, the various regulations leave contractors without a clear set of requirements that are applicable to … Continue Reading

CNIL imposes hefty sanction on French company under GDPR

On May 28 2019, the French data protection authority Commission nationale de l’informatique et des libertés (CNIL) imposed a €400,000 fine on French property management company Sergic for neglecting to maintain the security of and to limit the storage of personal data. This is the first sanction imposed on a French company under the General … Continue Reading

French Council of State Confirms GDPR Sanction, Lowers Penalty Fee

Following a recent data breach, Optical Center has been fined 250,000 euros by The Commission nationale de l’informatique et des libertés (CNIL). The website breach allowed public access to invoices, purchase orders, and personal data of customers. On appeal, the French Highest administrative Court (Council of State) lowered the penalty to 200,000 euros. The reduction … Continue Reading

Recent ‘firsts’ shape UK collective actions

This year marks four years since significant statutory reforms regenerated the UK’s collective actions arena. Following a rocky start to this new regime, it appears that 2019 may finally bring some clarity to potential claimants navigating the first hurdle of competition class actions: the Collective Proceedings Order (‘CPO’) application. This is the first stage in … Continue Reading

Department of Justice eases prohibition on the use of electronic messaging apps

On March 8, 2019, the United States Department of Justice (the DOJ) announced a key revision to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy) regarding employees’ use of ephemeral messaging platforms. The original Policy required companies to prohibit employees’ use of such messaging platforms in order to receive full cooperation credit … Continue Reading

New EU rules promote transparency and fairness in online trading practices

On February 14, 2019, the European Commission, European Parliament, and Council of the European Union reached agreement on new rules designed to ensure a fair, transparent and predictable business environment to the benefit of both end consumers and entrepreneurs using third party online platforms for their business. The new rules will be implemented by way … Continue Reading

Recent SEC report on cybersecurity preparedness and response serves as warning of future enforcement

The U.S. Securities and Exchange Commission (“SEC”) recently provided issuers with a reminder of the potential for enforcement for insufficient cybersecurity. The SEC continues to emphasize the importance of measures such as up-to-date compliance and incident response programs in order to maintain the integrity of the capital market system, and a recent Report of Investigation … Continue Reading
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