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.
Privacy & Security
Arent Fox is on the cutting edge of cybersecurity and data protection laws and has experience assisting clients with all aspects of privacy, cybersecurity, and data protection. Our group serves clients in regulated spaces such as health care and telecommunications and sophisticated industries including retail, gaming and entertainment, and media.
Arent Fox’s interdisciplinary team of cybersecurity and data protection attorneys handle the full scope of data security and protection issues. We regularly advise clients on how to protect their data at every stage, from advice and counseling to investigations, incident planning and response, litigation, and even securing insurance policies to mitigate risks and liabilities. We work with companies to develop internal security and governance programs; advise businesses on the collection of data in retail locations as well as in online including via social media marketing and e-commerce platforms; and conduct internal investigations in response to critical data breaches. We also work with companies to implement privacy and data security protection by using IT agreements to control data access by their employees, reconfiguring data security when moving IT operations to the cloud, and protecting against cyber risks that can arise from third party IT vendors.
We routinely advise on the biggest trends in privacy and data security such as: handling ransomware incidents; cyber threat and new technology systems; NIST, ISO, PCI-DSS, and other security standards; payment security and mobile payment trends; aggregate and anonymized data collection in advertising; FTC guidance and enforcement; the Internet of Things; cross-border data transfer issues; the EU General Data Protection Regulation (GDPR); health information privacy, security, and breach notification; as well as federal- and state-level regulatory compliance.
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 News?
What’s the News?
In a move to join the growing list of regulators involved in the US cybersecurity space, the New York Department of Financial Services announced earlier this month that it is considering new cybersecurity regulation for financial institutions.
California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court. The decision provides some welcome clarity for retailers who engage in point of sale data collection.
What is the Song-Beverly Act?
ABOUT ARENT FOX LLP
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.