Our insights are intended to discuss in a general nature the legal developments relating to our core areas of practice. Insights should not be construed as legal advice or legal opinion. Furthermore, these matters are continually subject to change, and therefore the information below may not reflect the most current legal developments. Readers should not act or rely upon the information without seeking specific advice relating to their facts and circumstances from legal counsel.
In the world of privacy law, the passage of new regulatory frameworks is being contemplated regularly, and existing laws are constantly being updated in terms of guidance and amendments. The result is an immensely dynamic regulatory landscape. In light of this incredibly fast-moving area, it is challenging to understand the current “state of play”, including …
The passage of the California Consumer Privacy Act (CCPA) in 2018 (and effectual January 2020) and now significantly amended and expanded by the California Privacy Rights Act (CPRA) set the stage for other comprehensive state privacy laws. Following suit, Colorado, Connecticut, Virginia, and Utah now have relatively similar comprehensive privacy laws. With comprehensive privacy laws like the …
As law firms increasingly digitize their systems and practically all facets of the practice of law move into the cloud, there is significant danger lurking in the shadows in the form of breaches. Although organizations of all types and sizes see marked upticks in cybersecurity incidents, lawyers, with their ethical obligations to keep clients’ information …
Several privacy policy considerations need to be accounted for when attempting to comply with the various recent privacy and data protection laws. One of the most common questions, especially by newer and smaller businesses, pertains to why the privacy policy is of importance and whether a lawyer is required to draft their website or app …
Read more Privacy Policy Importance And Is A Lawyer Required
Passed in 1998, one of the older federal laws centered on privacy is the Children’s Online Privacy Protection Act (COPPA). Enacted to protect children’s safety and privacy in the new age of the internet, COPPA went into effect in April of 2000. The law imposed obligations on commercial operators of online services directed to children under age 13. …
Read more The Children’s Online Privacy Protection Act (COPPA)
Whether on the state, federal, or international level, laws are increasingly mandating data security that meets “a standard of reasonableness.” What constitutes reasonable security measures relies on the specific business sector and data under inventory. For example, a healthcare provider with sensitive health information on many patients must have a robust data security program. Security …
New York State is the latest addition to the rapid flurry of privacy, data protection, and cybersecurity regulatory frameworks proliferating on the international, national, and state levels. On July 25, 2019, New York’s governor signed into law the SHIELD (Stop Hacks and Improve Electronic Data Security) Act. The Act amends New York’s current data breach statute …
Read more New York’s Stop Hacks And Improve Electronic Data Security (SHIELD) Act
A common strategy for increasing engagement for a variety of marketing campaigns is by utilizing various promotions that usually take the form of a contest, sweepstakes, or lottery. These are used on an increasingly frequent basis because they can radically increase campaign performance. With that said, several issues arise when employing such contests. One of …
Influencer marketing has proven to be a useful tool in the marketer’s tool chest. Billions of dollars are poured into this marketing channel every year, and all indications point to an increase in future spending. With the proliferation of influencers marketing a wide variety of products to consumers, there is an expansion in regulation and …
The Health Insurance Portability and Accountability Act (HIPAA) is a broad-ranging law that, in part, imposes responsibilities on a variety of entities concerning Protected Health Information (PHI). Though beyond the scope of this discussion, there are aspects of the Act that regulate continuity of healthcare plans and benefits (Title I), here our focus is on …
Read more The Health Insurance Portability And Accountability Act (HIPAA)
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