Virginia's New Data Privacy Law

Virginia’s New Data Privacy Law

This vlog discusses the Consumer Data Protection Act, Virginia’s New Data Privacy Law, entity exclusions, businesses' responsibilities, rights of consumers, and enforcement ...
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East Meets West: Virginia Follows California's Example with Comprehensive Consumer Data Protection Legislation

East Meets West: Virginia Follows California’s Example with Comprehensive Consumer Data Protection Legislation

Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 45 ...
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Global Insurer Reports Ransomware Attacks Increased in Severity and Cost in 2020

Global Insurer Reports Ransomware Attacks Increased in Severity and Cost in 2020

According to a recent report by global insurer Beazley based on its customer data, in the first half of 2020, total costs of ransom payments doubled, along with the number of ransom demands paid compared with the same time period in 2019. Ransomware is a form of malicious software (malware) that blocks user access to a device or files, usually by encryption, until the victim ...
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Virginia Companies Doing Business With California Residents

Virginia Companies Doing Business With California Residents

Take Notice; The California Consumer Privacy Law Took Effect on New Year’s Day! On January 1, 2020, the California Consumer Privacy Act (CCPA) took effect, and with it come additional data privacy rights provisions that affect certain businesses that collect or sell the personal information of California residents.  This post will summarize the main provisions of the CCPA and what businesses should be aware of ...
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Cyber Liability Insurance for Small to Medium Size Businesses - Are You Covered?

Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered?

Today, it seems hardly a month passes without a report of another business falling victim to a data breach. Over the past few years, some of the largest and well-known companies such as Equifax, Target, Home Depot, TJ Maxx, Anthem, Sony Pictures, and Uber, have been affected by data breaches. These companies have experienced significant losses, totaling millions of dollars. While larger companies may possess ...
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Business Email Compromise Scams and Malware: Why Construction Companies Should Worry

From 3D printing and drone use, to increased use of tablets, laptops, smartphones, and wearables, the construction industry is becoming increasingly dependent on the use of technology. Use of augmented reality programs, advanced tracking technologies, and multi-user cloud-based platforms are on the rise; and while these technologies can increase efficiency, reduce costs, and increase worksite safety, they also come with increased risk. This article discusses ...
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Malware – A Persistent Threat to the Maritime Industry

Malware – A Persistent Threat to the Maritime Industry

During the last several years, many industries have fallen victim to cyber-attacks, and the maritime industry is not immune.  Consider the following recent news reports:  In 2017, the largest container shipping company in the world, A.P. MØller-Maersk, fell victim to NotPetya, a type of destructive malware, that required the installation of 4,000 new servers, 45,000 new PCs and 2,500 applications, costing the organization between $250 ...
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Canada’s New Data Breach Reporting Requirements In Effect As Of November 1, 2018

Effective November 1, 2018, organizations engaged in commercial activities in certain Canadian provinces and territories  now have additional data breach reporting requirements pursuant to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA1) and the Breach of Security Safeguards Regulations2. While Quebec3, British Columbia4 and Alberta5 previously adopted substantially similar data breach requirements, if personal information during the course of a commercial activity crosses borders, ...
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Federal Law Considerations For Data Custodians Operating Within Ftca § 5

Federal Law Considerations For Data Custodians Operating Within Ftca § 5

The last article discussed the consent orders that typically result from Federal Trade Commission Act (“FTCA”) § 5 enforcement actions. This article, the final in a four-article series on data custodianship, discusses some sector-specific laws and provides links for further research.  While these laws are more industry-specific than FTCA § 5, these laws provide the Federal Trade Commission (“FTC”), other agencies, and sometimes individual victims ...
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Ftc Consent Orders Pursuant To Ftca § 5

Ftc Consent Orders Pursuant To Ftca § 5

In the last article, we discussed FTCA § 5 enforcement actions. This article describes the consent orders that often result from FTC complaints alleging unfair or deceptive practices or other unlawful acts in the realm of privacy and data protection.  While consent orders do not require an admission of guilt, they generally prohibit the conduct which gave rise to the initial complaint, require defendants obtain ...
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Ftca § 5 And Unfair Or Deceptive Trade Practices

Ftca § 5 And Unfair Or Deceptive Trade Practices

In the last article, we outlined, generally, privacy and data protection considerations for compliance with applicable laws.  This article discusses the Federal Trade Commission Act (“FTCA”) § 5, which empowers the Federal Trade Commission (“FTC”) to pursue enforcement actions against companies that engage in “unfair” acts that are (1) likely to cause substantial injury to consumers (2) that is neither reasonably avoidable (3) nor outweighed ...
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Ftca § 5 And Unfair Or Deceptive Trade Practices

Ftca § 5 And Unfair Or Deceptive Trade Practices

In the last article, we outlined, generally, privacy and data protection considerations for compliance with applicable laws.  This article discusses the Federal Trade Commission Act (“FTCA”) § 5, which empowers the Federal Trade Commission (“FTC”) to pursue enforcement actions against companies that engage in “unfair” acts that are (1) likely to cause substantial injury to consumers (2) that is neither reasonably avoidable (3) nor outweighed ...
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Data Custodianship: My Website has 10,000 Users, Now What?

Data Custodianship: My Website has 10,000 Users, Now What?

This article is the first in a four-article series discussing how certain federal laws impact data custodians, those who collect, store, process, disclose, and otherwise use consumer data. The widespread necessity for businesses to establish an internet presence has transformed many conventional businesses into data custodians.  While some businesses embrace this new-found role and attempt to create additional revenue by selling data to third parties, ...
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Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered??

Cyber Liability Insurance for Small to Medium Size Businesses – Are You Covered??

Today, it seems hardly a month passes without a report of another business falling victim to a data breach.  Over the past few years, some of the largest and well-known companies such as Equifax, Target, Home Depot, TJ Maxx, Anthem, Sony Pictures, and Uber, have been affected by data breaches. These companies have experienced significant losses, totaling millions of dollars. While larger companies may possess ...
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