Behind the Scenes

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Behind the Scenes

Privacy & Security - US & Abroad

Arent Fox is on the cutting edge of privacy laws and has experience assisting clients with all aspects of privacy and data security. For example, we routinely assist companies with the development of an internal security protocol that meets the requirements of the applicable state and federal laws. In this regard, our practice groups have helped companies comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the Gramm-Leach-Bliley Act (GLB), and the Children’s Online Privacy Protection Act (COPPA), as well as the Payment Card Industry Data Security Standard (PCI DSS) and related payment laws.

Our lawyers also routinely advise companies about online privacy, including providing advice on notification and consent, and when an opt-in is necessary, or merely suggested. In this capacity, we work with small and large businesses on their social media marketing to help them comply with all applicable rules, guidelines, and laws.

Finally, our team has notable experience with managing a reaction to a data breach, having been part of the response to one of the largest known data breach incidents. In this capacity, we assist with all aspects of the breach, including the consumer, regulator, and payment card industry notification procedures, and the compliance and protocol development after the incident.


Pop-Ups Get Political: Publishers May Need to Think Twice Before Detecting Ad Blockers

As publishers turn from print to digital and rely on online ad sales, some websites now prevent readers from viewing content if they have an ad blocker enabled. Alexander Hanff, a privacy activist and CEO of Think Privacy, has launched a campaign to “name and shame” publishers using these methods. The campaign announcement comes days after the European Commission stated in a letter addressed to the activist that ad blockers can be illegal and in breach of EU privacy rules. 


Sarah Bruno and Anthony Lupo to Speak at 2016 Legal & Regulatory Conference

Partners Sarah Bruno and Anthony Lupo will speak on a panel at the 2016 Legal & Regulatory Conference hosted by the Personal Care Products Council.


Back to the Future: House Moves to Update Email Privacy Law

In a key win for digital privacy advocates, the House unanimously passed the Email Privacy Act yesterday in a 419-0 vote. Supporters, including top Silicon Valley names and privacy groups, now look to the Senate and then President Obama to bring the popular Act to fruition.


Tennessee Expands Breach Notification Statute


Cracks in Privacy Shield Need to be Filled

On April 13, 2016, the Article 29 Working Party released its opinion on the EU-US Privacy Shield. Having reviewed the draft Privacy Shield documents, which included an adequacy decision and supporting texts, the Working Party has now expressed several concerns with both (a) the ability of the Privacy Shield to adequately protect the rights of Europeans and (b) the inconsistencies and lack of clarity in the drafting of the Privacy Shield.


Detour – Rerouting: Unsecure Routers Lead to FTC Action

Key Takeaways

  • Following a settlement, ASUSTeK must maintain a comprehensive security program and endure 20 years of independent audits 
  • The onus is on technology companies to ensure reasonable security measures and practices

What the News?


Join Arent Fox at CyberMaryland@RSA Cybertini

Please join Arent Fox and members of the CyberMaryland community at the CyberMaryland @ RSA Cybertini networking reception during the RSA Conference 2016 in San Francisco. RSA Conference is a major driver of the information security agenda, connecting and education security professionals worldwide. Key topics on the agenda include the realities of data security, bringing cybersecurity into the boardroom, and privacy issues.


The EU-US Privacy Shield: What to Expect Next

On February 2, the potential replacement to the invalidated Safe Harbor data transfer mechanism, the EU-US Privacy Shield, was announced by the European Commission and the US Department of Commerce, as we covered here. However, while organizations and representatives on both sides of the Atlantic welcomed the conclusion of the negotiations on Tuesday, the true substance of the Privacy Shield is yet to come. 


Safe Harbor Data Gets a New ‘Privacy Shield’

This morning, the European Commission and US Department of Commerce agreed on a Safe Harbor replacement deal, rebranded as the EU-US Privacy Shield. The deal was first announced via Twitter by EU Justice Commissioner Vera Jourová, then detailed in a press conference in Strasbourg, France.


What’s the Big Deal with Big Data? New FTC Report Released


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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.