Privacy and cybersecurity remain top priorities for regulators and companies alike, as the threats posed by large-scale data breaches and other cyber incidents show no signs of waning. Companies and their counsel must monitor privacy and data security-related enforcement trends, new laws and regulations, and key emerging issues to mitigate
data security breach
Shareholders Denied Suit Against Home Depot Over Data Breach
By Om V. Alladi on
Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot.
Home Depot is a multinational home improvement retailer. In September, 2014, Home Depot suffered a data breach that resulted in $192 million in net losses. This breach…
TalkTalk handed record fine in data protection breach in the UK
By Daniel Ornstein & Kelly McMullon on
TalkTalk, a major UK telecoms company, has been fined £400,000 for a data breach after they were hacked. This is a record fine given by the ICO (the UK’s data protection authority). Significantly the fine was imposed after a change of leadership this summer when Elizabeth Denham (previously the Information…
PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk
By Jessica Goldenberg on
On August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting third-party service providers (“TPSPs”) with consumer payment information. More and more merchants use TPSPs to store, process and transmit cardholder data or manage components of the entity’s cardholder data environment. A number of studies have shown that breach is tied increasingly to security vulnerabilities introduced by third parties. To combat such risk, a PCI special interest group made up of merchants, banks and TPSPs, together representing more than 160 organizations, created practical guidelines for how merchants and their business partners can work together to comply with the existing PCI standard and protect against breach.…
Crime (Policy) Does Pay – Sixth Circuit Holds That Endorsement of Crime Policy Covers Losses From Hacker’s Data Breach*
By Proskauer Rose on
The Sixth Circuit Court of Appeals recently held that a computer fraud rider to a “Blanket Crime Policy” covers losses from a hacker’s theft of customer credit card and checking account data.
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Connecticut Amends Data Breach Notification Law
By Proskauer Rose on
On the heels of Vermont’s recent amendment to its data breach notification law, Connecticut’s legislature recently amended its own data breach notification law. The amended law will take effect on October 1, 2012.
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Vermont Amends Security Breach Notification Law
By Proskauer Rose on
On May 8th, Vermont became the most recent state to amend its security breach notification law. Among the many changes, companies that are affected by a data breach are now required to notify the Attorney General of Vermont within 45 days after the discovery or notification of the breach.
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Massachusetts Data Security Regulations: Your Company May Not Be Located There, But If Your Customers Are, You Need to Comply
By Natalie Newman on
As we’ve discussed in prior posts, newly effective regulations promulgated under Massachusetts’ recent data security law, Mass. Gen. Law ch. 93H, have raised the bar for data security compliance, and they have a long reach. The regulations are national and international in scope, as they apply to all companies –…