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Data Privacy & Security

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The UK Supreme Court has today allowed two appeals which provide some welcome relief for UK employers in relation to the treatment of vicarious (secondary) liability under English law generally, but leave a sting in the tail when considering data breaches committed by employees: Morrisons v Various Claimants – a significant and long running employment and data protection case in which the lower courts had found Morrisons to be vicariously liable for a data breach…

In part two of What Do Emerging State Privacy Laws Really Mean for B2B Companies, Global Chair of Data Privacy & Security Brian Hengesbaugh gave an overview on the substance of the new state privacy laws emerging in the United States. In part three, Brian talks collective next steps for B2B companies, covering actions that can be taken now to prepare. Click here to watch part three. Related:  Part I: What Do Emerging State Privacy Laws…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie’s Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear: Lothar’s predictions for timing and substance of the final CCPA regulationsAspects of the draft regulation that may pose issues as standsPotential new privacy legislation to come from California in the future https://open.spotify.com/episode/6DgZ1KgqBwVLrnN3ex105Y Related Resources…

It doubtless goes without saying that home working increases potential cyber security risks. This is especially the case when users are being permitted to use their own devices (BYOD) and use public networks for access. The UK NCSC has issued best practice guidance on home working which focuses on management of security at several levels Authentication: any enablement of remote access exposes systems to credential driven security risks. Password strength must be maintained, defunct accounts…

On March 11, 2020, the California Attorney General released another set of revisions to the California Consumer Privacy Act (CCPA) draft implementing regulations. The regulations are not yet finalized (a public comment period for this most recent version is open until March 27, 2020), but below we highlight key changes and takeaways for businesses under the latest version of the regulations. Note that this round of revisions to the regulations largely consist of updates to…

In response to the COVID-19 global pandemic, on March 17, 2020, the Office of Civil Rights (OCR) at the US Department of Health and Human Services (HHS), the agency charged with enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), issued the Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (“Guidance”). On March 20, OCR issued supplemental guidance on provision of telehealth services in the form…

With a changing digital landscape and emerging data driven technologies, the rules of the Directive on Privacy and Electronic Communications (Directive 2002/58/EC) are in need of updating. The proposed E-Privacy Regulation was intended to address new legal challenges and complement the General Data Protection Regulation (GDPR) in relation to privacy in electronic communications. The first draft of the E-Privacy Regulation was presented in January 2017, with the aim that it would be passed quickly and would apply from May…

March 24 update: Our latest expanded edition covers 39 jurisdictions, answering five common data privacy and security questions employers may have in light of COVID-19. As COVID-19 continues to quickly spread across the globe and has officially been declared a pandemic, many companies are facing difficult business and legal challenges and are required to make some urgent decisions in order to keep their workforce safe and ensure business continuity. Data plays a crucial role in…

In part two of What Do Emerging State Privacy Laws Really Mean for B2B Companies, Global Chair of Data Privacy & Security Brian Hengesbaugh guides through the substance of these emerging laws, dissecting scope, types of data affected, and more. The video also provides Brian’s thoughts on actions B2B companies should be prepared to take given what we know now. Click the video below to watch. Click here to watch part two. Stay tuned for part…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Francesca Gaudino, a partner in our Milan office. Francesca reports on the on-the-ground situation in Italy in light of COVID-19 and issues Italian employers are facing. You will learn: If Italian employers can perform temperature checks on employers and visitorsWhat measures can be taken by Italian employers to protect their workforcesActions Italian employers can take if they discover an employer has COVID-19 https://open.spotify.com/episode/5d0lzrq5Rn0MrrUEKYT5ii Related…