Posts Tagged: "European Union General Data Protection Regulation"

Cybersecurity: What You Need to Know and Do to Avoid a Breach

We are fast approaching the second anniversary of the enactment of the European Union General Data Protection Regulation (GDPR), yet businesses are still dragging their heels when it comes to cybersecurity. A recent report by insurance firm Gallagher found that 82% of UK businesses do not have specialist insurance in place to indemnify them for the cost and impact of a cyber-attack. Midsize businesses were found to be particularly exposed, with nearly half (46%) believing that cyber-attacks are “mainly an issue for bigger organisations”. Unfortunately, this isn’t true. Any business, no matter its size, can fall victim to a data breach and find itself dealing with a reputational and financial crisis.

Privacy Policies and the Value of Data in Bankruptcy Sales

The last few years have seen unprecedented changes in the legal landscape concerning data protection and privacy. The European Union General Data Protection Regulation (GDPR) became enforceable in May 2018. In July 2018, the California Consumer Privacy Act (CCPA) was enacted, and it became effective January 1, 2020. In response to the GDPR and the CCPA, many businesses are updating their privacy policies to comply with these laws. While crafting these updates, drafters should be cognizant of the effect such policies could have not only in the short term, but also down the road. For example, in the bankruptcy context, the content of a company’s privacy policy is important. If a privacy policy does not inform customers that their data may be sold in a bankruptcy proceeding, courts are likely to impose restrictions on the sale of that data. These restrictions can significantly decrease the value of such assets. Because of this reality, drafters should keep a few considerations in mind as they update privacy policies to comply with new laws and maximize the value of data assets.

IP and Innovation on Capitol Hill: Week of March 11

This week on Capitol Hill, both houses of Congress are abuzz with a full schedule of hearings related to science, technology and innovation topics. In the House of Representatives, various committees explore a proposed net neutrality bill, innovation in the aviation industry, and ways to improve competition in the pharmaceutical industry—a hot topic of debate in recent weeks. Both the House and the Senate will hold hearings on the future of America’s space program. The Senate will also consider consumer data privacy regulations, rural broadband investments, and military applications of artificial intelligence. On Tuesday, a pair of events at the Brookings Institution will look at the impact of technological advances on public policy, as well as the artificial intelligence race between the U.S. and China.