Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes
GDPR, Privacy & Security - US & Abroad
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A29WP Issues Guidance Addressing GDPR Woes: The Lead Supervisory Authority

This article is one of a three-part series. Read about the data portability right or the data protection officer at the links.

What’s New?

In December 2016, the EU’s Article 29 Working Party (A29WP)—a group comprised of EU national data protection authorities (DPAs) that advises the EU Commission on EU data protection law—issued a number of GDPR guidance documents, including explanations for the mandatory DPO role, new individual right to data portability, and how to identify a “lead authority” for the GDPR’s one-stop shop enforcement mechanism.

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Privacy & Security - US & Abroad
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CEOs Beware: Tax Season Brings New Phishing Scams

Phishing scams are arising at a fast and furious pace in the first quarter of 2017, with the IRS recently issuing a warning that these attacks are now targeting non-profits and school districts. These organizations are new on the hit-list, as the phishing attacks have already been known to target for-profit corporations. Phishing is the general term used for how attackers try to persuade a user to provide information. These scams can be conducted by phone or email, and often are so realistic the recipient has no idea that it is not legitimate. Some of the risks of falling prey to these scams is the loss or unauthorized disclosure of sensitive information, the risk of a malware intrusion, or an increased risk of ransomware.
 

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Privacy & Security - US & Abroad
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Is A Pen Mightier Than A Shield? Executive Order Sparks International Data Privacy Concerns

What’s New?

An Executive Order from President Trump’s first days in office raised questions about its impact on the hard-won Privacy Shield, which allows about 1,700 companies to legally transfer data between the EEA and Switzerland and the US. The Order adds a new layer of complexity to the agreements and regulations already at play through the Privacy Act, Judicial Redress Act, Umbrella Agreement, and Privacy Shield.

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Health Privacy & Security, Privacy & Security - US & Abroad
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Navigating the Rest of the Iceberg - Privacy and Security Compliance Beyond HIPAA

Please join Arent Fox partners Sarah Bruno, Jade Kelly and Matthew Mills on Tuesday, February 21 from 1:00-2:30 PM Eastern for a Health Care Compliance Association webinar titled Navigating the Rest of the Iceberg: Privacy and Security Compliance Beyond HIPAA

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Privacy & Security - US & Abroad
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At PrivacyCon, Researchers Discuss Today’s New Technologies, Highlight Not-So-New Privacy and Security Issues

What’s New?

On January 12, 2017, The Federal Trade Commission (FTC) held its second PrivacyCon conference. PrivacyCon brings together researchers, academics, industry representatives, consumer advocates, and government regulators, to discuss the latest research and trends related to consumer privacy and data security. This year’s PrivacyCon featured presentations from academics and technology researchers covering the following five main areas: (1) the Internet of Things (IoT) and Big Data; (2) mobile privacy; (3) consumer privacy expectations; (4) online behavioral advertising; and (5) information security. FTC Chairwoman Edith Ramirez, who is stepping down effective February 10, 2017, opened the conference with the myriad of ways consumer data is collected, asking if the risks associated with data collection outweigh the benefits.

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Payment Processing, Electronic Fund Transfers & Mobile Payments, Privacy & Security - US & Abroad
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New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News?

Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials. Compliance with the changes is important because companies that are subject to PCI DSS but fail to comply face exclusion from processing credit card payments and/or hefty fines. Sometimes, noncompliance could mean leaving open the doors to your cardholder data environment, thereby allowing hackers and malicious entities to enter.
 

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Privacy & Security - US & Abroad
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Swiss-US Privacy Shield Trails EU-US Privacy Shield

What’s New?

Companies transferring data from Switzerland to the US should take note: the Swiss-US Privacy Shield has arrived!

Why Should You Care?

Global companies that transfer personal information—specifically, the transfer of Swiss individuals’ personal information, from Switzerland to the US—must have a legal mechanism in place for doing so. The Privacy Shield provides an enforceable mechanism that the EU and Swiss governments have deemed adequate. The Swiss-US Privacy Shield complements the EU-US Privacy Shield, which applies only to European Economic Area (EEA) member countries.

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Health Privacy & Security, Privacy & Security - US & Abroad
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Life’s a Breach - Sitting on that HIPAA Breach Notification Could Burn You

What’s the News?

On January 9, 2017, Presence Health agreed to settle with the U.S. Department of Health and Human Services (HHS) potential violations under the Breach Notification Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This is HHS’ first enforcement action against a covered entity that reported a breach, but did not do so timely.

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Advertising, Media & Entertainment, Privacy & Security - US & Abroad
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It's All A Game: Advertising, IP, and Privacy in Today’s Interactive Media

Interactive gaming, innovative app development, mobile expansion, new dimensions in AR and VR, and strides in your company's marketing strategy can press the boundaries of the current legal landscape. “Level Up” with Arent Fox as we discuss the legal issues in an intimate discussion that will address three areas that have the most play: advertising, intellectual property, and privacy interests. 

The panelists include:

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Privacy & Security - US & Abroad
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FTC Arms Businesses and Consumers Against Ransomware

What’s the News?

The Federal Trade Commission (FTC) recently issued guidance for both businesses and consumers on defending against ransomware, both of which are based on lessons learned from the FTC’s recent ransomware workshop, with panelists that included security researchers, technologists, law enforcers, and business leaders. Ransomware is a form of malicious software that infiltrates computer systems or networks. Typically, ransomware involves encrypting the victim’s data or denying access to the victim’s data, to hold data “hostage” until the victim pays a ransom. It has become one of the most serious online threats facing businesses.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.