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Data Privacy Reviews: The Cornerstone of a Data Breach Response
On May 25, 2018, General Data Protection Regulation 2016/679 went into effect in the EU. Better known as the GDPR, EUGDPR.org calls it the "most important change in data privacy regulation in 20 years." Unlike a number of previous data privacy regimes, the GDPR came with a sharp set of teeth, calling for a fine of up to €20 million or 4% of the previous year's global turnover, whichever is greater. Companies were now on notice that they had to be extremely careful in how they responded to a data breach or face the consequences.
In addition to the GDPR in the EU, there are several pieces of legislation in the U.S. that seek to protect personally identifiable information (PII). These include: the Fair Credit Reporting Act of 1970, which addressed consumer information in the files of consumer credit reporting agencies; the Health Insurance Portability and Accountability Act of 1996, which contained provisions meant to safeguard a particular type of PII — personal health information (PHI); and the Gramm-Leach-Bliley Act (also known as the Financial Services Modernization Act of 1999), which seeks to control the ways financial institutions control private information of their clients.
Finally, the California Consumer Privacy Act (CCPA) is set to take effect on Jan. 1, 2020, with the goal of enhancing privacy rights and consumer protection for California's nearly 40 million residents. The CCPA carries with it a fine of between $100 and $750 per affected California resident. Going forward, entities doing business in the U.S., UK and globally need to ensure they have a process in place to respond if their data is ever compromised.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?