In the absence of action by the U.S. Congress to pass a national data breach notification law, many states stepped into the breach to update their laws this year to add more specific notice guidelines, a requirement to notify the state’s attorney general or another state official, and to require entities that maintain personal information […]
Privacy & Cyber Regulatory Enforcement
FTC Releases New Data Security Guidance for Businesses, Announces Conference Series
The Federal Trade Commission has released new guidance, called “Start with Security,” intended to assist businesses to improve their data security practices based on lessons learned from its 53 data security cases to date. Issued on June 30, 2015, the guidance “distill[s] the facts of those cases down to their essence” in ten “lessons to […]
Alston & Bird Issues an International Trade & Regulatory/Cybersecurity Advisory on Proposed New Export Requirements for Cybersecurity Products and Technologies
Alston & Bird recently issued an Advisory on a new regulation proposed by the Department of Commerce’s Bureau of Industry Security (BIS), which would require certain developers, manufacturers, and users of cybersecurity intrusion and surveillance items to obtain export licenses before conducting business and performing their work—even when working with their affiliated companies or with […]
Visa & MasterCard: Issuers May Release Identity of Breached Merchants
In two letters sent to Diana Dykstra, the President and CEO of the California and Nevada Credit Union Leagues, both MasterCard and Visa have confirmed that, under their network rules, card issuers are permitted to disclose the identities of merchants involved in data breaches in certain circumstances. In MasterCard’s letter dated June 3, 2015, Eileen […]
FCC’s TCPA Ruling Delivers Blow To Businesses
The FCC today approved a Declaratory Ruling and Order resolving approximately 20 pending petitions seeking clarification of a variety of items relating to the federal Telephone Consumer Protection Act (TCPA). The Commission’s Order expands consumer rights and protections at the expense of legitimate businesses that use modern technologies responsibly to reach consumers. At today’s Open […]