Emerging Markets Law

Showing 4 posts in Compliance.

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is good news for employers and potentially for others who suffer computer intrusions.

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Lessons From Yahoo Breach Continue

Yahoo has (not surprisingly) been hit with multiple consumer class action claims relating to its massive data breach. It is unclear exactly when Yahoo uncovered the 2014 breach; news reports characterize the find as "recent." Yahoo also has said that it is cooperating with law enforcement, which could help offset any issues tied to a delay of announcement.

Continue reading Lessons From Yahoo Breach Continue ›

State Enforcement of COPPA, Federal Online Advertising Law

On September 13, 2016, the New York Attorney General announced settlements with four major US toy and media companies regarding their use of online tracking of children who use their websites. Viacom, Inc. (Nickelodeon), Hasbro, Inc. (My Little Pony), and Mattel, Inc. (Barbie, Hot Wheels, American Girl) are among the companies fined a collective $835,000 for violating the Children's Online Privacy Protection Act (COPPA).

Continue reading State Enforcement of COPPA, Federal Online Advertising Law ›

Clock Running for EU Privacy Shield Self-Certification with Grace Period

The EU/US Privacy Shield, which governs transfers of personal information from the EU to the US, is now effective and available to US companies for self-certification. Any US company that wants to self-certify its compliance with Privacy Shield protections may do so now; and any company that does so before September 30 will have nine months to get its downstream data processing contracts in order. 

Compliance and self-certification involve publishing a new privacy statement and a statement to the Department of Commerce, both of which must set forth information about a company's compliance with several fundamental principles:

  • Notice and Choice about how an EU individual's personal information is shared with third parties,
  • Access to that information for correction or deletion,
  • Security undertakings regarding that information,
  • Data Integrity and Limited Purpose use regarding such information,
  • Recourse to independent dispute mechanisms by aggrieved EU data subjects, and
  • Accountability for "onward transfer" of EU data to third parties.

The process of self-certification is fairly straightforward and may be a good idea for companies formerly covered by the Safe Harbor. Any company that collects, processes or uses data from the EU may want to consider Privacy Shield self-certification.

For companies that do wish to certify, there is a grace period of nine months to become compliant with the "onward transfer" principle if certification is made before the end of this month. That would allow a certifying company time to put in place a compliant contract procedure for vendors who may process data (procurement, purchasing, customer relations, for example) via downstream contracts. 

There is no deadline for self-certification, which can be elected at any time; but the grace period is one-time-only as the Privacy Shield is taking effect. 

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