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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?