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Liisa Thomas, a partner based in the Chicago and London offices, is Leader of the firm's Privacy and Cybersecurity Practice Group.

The Dutch Data Protection Authority recently imposed a €475,000 fine ($558,000) against the hotel website Booking.com for waiting longer than 72 hours to report a data breach. According to the Dutch DPA press release, Booking.com learned of the breach on January 13, 2019 and reported it to the DPA on February 7, 2019. The DPA did not make it clear in that release whether Booking.com had, in fact, determined on January 13, 2019 that a security breach impacting personal information of Dutch citizens had occurred or whether January 13, 2019 was date that Booking.com was first alerted to suspicious activity.

Continue Reading Booking.com Fined By Dutch DPA For Breach Notice Delay

As of this week, Apple’s requirements for apps to follow its AppTrackingTransparency are now in effect. These requirements went hand-in-hand with the iOS 14.5 launch, and impacts how an app can track users and access their advertising device IDs. In particular, consumer consent is now required if the app collects consumer information and shares it with others “for purposes of tracking across apps and web sites.” Apple has provided developers with specific implementation steps, which will be reviewed when apps are submitted to Apple for approval. As part of the submission, companies need to explain why they want to track users, as required under Apple’s guidelines.
Continue Reading Apple’s App Tracking Transparency Now In Effect

Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach.  It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and reasonably comply with a written cybersecurity program may have an affirmative defense to litigation resulting after a data breach. For the safe harbor to apply, the written cybersecurity program must:
Continue Reading Utah Creates Data Breach Safe Harbor

Artificial intelligence continues to remain a focus in 2021, as we predicted at the start of the year. From the FTC, to the EU, to others, regulators of all kinds are paying attention to companies’ use of these tools. In the latest, five US federal agencies are seeking input on how financial institutions are using AI tools. Comments from stakeholders are due by June 1, 2021.
Continue Reading Federal Financial Agencies Seek Comments on Use of Artificial Intelligence

As the first quarter of 2021 comes to a close, cyberattacks are only gaining momentum. As we reported last month, these attacks have become big business for threat actors, and companies are working hard to be prepared. Taking stock of potential risks – and risk management techniques – can be a useful exercise in this environment. For this, tools from change management can help. Change management, particular sustainable change management, teaches us not to jump head-first into action, but first to take stock of what actions will be most helpful.
Continue Reading Understanding Risk in An Increasingly Risky World

The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues.  A core issue from a litigation perspective—as well as for companies bracing for potential lawsuits—is one of “standing,” and in particular, what BIPA claims can be brought by plaintiffs in what venues.

Continue Reading Beware BIPA Bifurcation: Plaintiffs’ New Gambit to Split BIPA Claims Between State and Federal Courts 

Virginia is now the second state, after California, to pass a comprehensive privacy law. The Consumer Data Protection Act (“CDPA”) will come into effect January 1, 2023 (the same time as the modification to California’s Consumer Privacy Act (“CCPA”), namely the California Privacy Rights Act). Although this new Virginia law has been compared by many to California’s current CCPA and the EU’s GDPR, there are some differences. Businesses will find most of the differences a relief, although the law does introduce a few new concepts.
Continue Reading Virginia is for…Privacy: Comprehensive Law Passed, Effective January 2023