Earlier today, the European Commission (the Commission) issued a draft “adequacy decision” as well as the texts that will constitute the EU-U.S. Privacy Shield (the Privacy Shield). This includes the Privacy Shield Principles companies have to abide by, as well as written commitments by the U.S. Government on the enforcement of the arrangement,
Federal Agencies Offer Guidance on Sharing Information About Cyber Threats
The federal Departments of Homeland Security, Defense and Justice and The Office of the Director of National Intelligence issued guidance on the implementation of the Cybersecurity Information Sharing Act of 2015 (CISA). Among the four guidance documents issued by these agencies is one outlining the ways non-federal entities (which would include private employers) can
FDA Issues Draft Guidance for Connected Medical Devices
Demonstrating a continued focus on information security, the Food and Drug Administration (FDA) published draft guidance on Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices. As the title indicates, the draft guidance focuses on issues manufacturers should address in the development and design of medical devices prior to sale to consumers. This
President Seeks $19 Billion and Creates a Commission to Address Cybersecurity
President Barack Obama requested $19 billion in his budget for 2017 to address cybersecurity in the United States, $5 billion more than was budgeted for the current year. Today, he issued an Executive Order that will create a commission within the Department of Commerce to be known as the “Commission on Enhancing National Cybersecurity.”
So,
Top 10 for 2016 – Happy Data Privacy Day
In honor of Data Privacy Day, we provide the following “Top 10 for 2016.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016.
EU/U.S. Data Transfer (status of Safe Harbor). On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled
FDA Issues Draft Cybersecurity Guidance for Device Manufacturers
Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations for monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices after they have
CFTC Approves Proposed Cybersecurity Regulations
Recognizing cyber security as one of the most important issues facing financial markets today, and identifying cyber-attacks as a top threat, the U.S. Commodity Futures Trading Commission (CFTC) unanimously approved proposed enhanced rules on cybersecurity for derivatives clearing house organizations, trading platforms, and swap data repositories.
The proposals, published in separate Federal Register Notices as
FTC’s Big Data Report Has Suggestions for the Workplace
Earlier this month, the Federal Trade Commission (“FTC”) issued a report discussing “big data.” The report compiles the agency’s learning from recent seminars and research, including a public workshop held on September 15, 2014. Known best for its role as the federal government’s consumer protection watchdog, the FTC highlights in the report a number
North Carolina Employees are not “Authorized” to Divert Employer Data
As the year draws to a close, employer claims under the Computer Fraud and Abuse Act (“CFAA”) against departing employees for stealing or otherwise diverting employer information without authorization to do so are dying slow deaths in many federal courts across the nation. As noted over on the Non-Compete and Trade Secrets Report, the
Employers Can Provide Credit Monitoring and Other Identity Protection Services to Employees Tax-Free BEFORE a Breach Happens, IRS Says
Earlier this year, we reported that the Internal Revenue Service clarified that it would not consider the value of credit monitoring and other identity protection services provided by employers to employees in connection with a data breach to be taxable income to the employees. IRS Announcement 2015-22. In response to comments, the IRS expanded this