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Comprehensive Federal Privacy Law Still Pending
By McDermott Will & Emery on Jan 22, 2020
Posted In Consumer Protection, Data breach, Data Privacy
The California Consumer Privacy Act (CCPA) has forced companies across the United States (and even globally) to seriously consider how they handle the personal information they collect from consumers. By its terms, however, the CCPA only protects the privacy interests of California residents; other “copy-cat” privacy laws proposed or enacted in other states similarly would...
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CCPA and ‘Reasonable Security’: A Game Changer
By McDermott Will & Emery on Jan 21, 2020
Posted In Consumer Protection, Data breach, Data Privacy
On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California residents (i.e., consumers and certain other individuals) and households. The CCPA provides that consumers may seek statutory damages...
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The General Data Protection Regulation: Key Requirements and Compliance Steps for 2018
By Jared T. Nelson, Leon C.G. Liu, Michael G. Morgan, Mark E. Schreiber, Paul McGrath, Romain Perray, Sabine Naugès, Dr. Wolfgang Freiherr Raitz von Frentz and McDermott Will & Emery on Feb 6, 2018
Posted In Big Data, Consumer Protection, Cybersecurity, Data Privacy
Enforceable in all EU member states on 25 May 2018, the General Data Privacy Regulation will require action by organisations both inside and outside the European Union to ensure compliance with this far-reaching privacy legal framework. Compliance is even more urgent given that the GDPR provides for large penalties in cases of infringement. As some...
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FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements
By McDermott Will & Emery on May 22, 2015
Posted In Advertising & Marketing
Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had given cash discounts to customers in exchange for the reviews. According to the FTC complaint, AmeriFreight touted on its website homepage that...
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Secure Sockets Layer (SSL) 3.0 Encryption Declared “No Longer Acceptable” to Protect Data
By McDermott Will & Emery on Feb 17, 2015
Posted In Consumer Protection, Cybersecurity, Data Privacy, Ecommerce
On Friday, February 13, 2015, the Payment Cards Industry (PCI) Security Standards Council (Council) posted a bulletin to its website, becoming the first regulatory body to publicly pronounce that Secure Socket Layers (SSL) version 3.0 (and by inference, any earlier version) is “no longer… acceptable for protection of data due to inherence weaknesses within the...
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Wearable Technologies Are Here To Stay: Here’s How the Workplace Can Prepare
By McDermott Will & Emery on Sep 9, 2014
Posted In Cybersecurity, Data Privacy, Email/Spam, General Interest, Social Media
More than a decade ago, “dual use” devices (i.e., one device used for both work and personal reasons) began creeping into workplaces around the globe. Some employees insisted on bringing fancy new smart phones from home to replace the company-issued clunker and, while many employers resisted at first, dual use devices quickly became so popular...
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New COPPA Parental Consent Method Approved by FTC
By McDermott Will & Emery on Jan 10, 2014
Posted In Consumer Protection, Data Privacy
The Federal Trade Commission’s (FTC) amended Children’s Online Privacy Protection Act (COPPA) Rule (16 CFR § 312 et seq.), effective July 1, 2013, allows industry groups and companies to apply for FTC approval of new parental consent methods that aim to provide substantially the same or greater protections for children’s online privacy than the parental...
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