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A Six-Step Data Privacy Program Health Check
In your organization, who owns the responsibility of managing data privacy and security risks? One of the biggest misconceptions surrounding today's data privacy and security challenges is that the responsibility lies solely with an individual function, usually thought to be either the legal or information technology departments. The truth is, data protection is the responsibility of every individual in the company, and the legal and IT departments should only be drafting contractual languages, policies, and guidelines while working in tandem with each other.
As data privacy laws become increasingly complex, one of the biggest challenges facing companies today is the determination of which set of regulatory standards it should apply within the organization. Currently, security and privacy law is comprised of directives that have created a convoluted patchwork of laws. A directive can be interpreted and enforced by each individual state. Europe is aiming to fix this convoluted approach by making a universal regulation, which would be enforced by a centralized governing body, or a “one-stop shop.” Any complaints that cover security/privacy abuse, for any company processing EU data, would go to this central authority. Currently, we know that the European commission's privacy reforms are expected to set the standards around the world on data privacy and will likely be finalized before the end of 2015.
The current indications are that the European commission will allow for a two-year transition period before the regulations take effect, but proactive legal and IT departments should start preparing to meet the new standards now in order to minimize overall risk.
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?