Fact is that data privacy and security laws primarily hold the data controller responsible for compliance – i.e., the customer in a service provider relationship. The customer has to ensure that the data made available to the service provider has been collected in compliance with privacy laws, data subjects have consented or received notice, filings have … Read more
Fact is that service providers may not always be able to limit their liability vis-à-vis the data subjects in scenarios where they contract with corporate customers and not the data subjects themselves. If hackers gain unlawful access to information residing in a hosted database, the service provider may be liable directly vis-à-vis the data subjects … Read more
The concept of AI is generally attributed to computer scientist John McCarthy, back in the ’50ies. It is extremely broad and complex, yet it may be summarized (at the risk of oversimplification) as machine intelligence designed to perform a defined set of actions and to learn from experience. AI is nowadays part of our lives, often … Read more
Sharing personal data in connection with the sale of a business can create risk for both the seller and the purchaser if not undertaken in compliance with data protection requirements as illustrated in a recent German case. In this post, we point out the perils of sharing personal data in connection with an asset deal … Read more
– Peter Woollacott, Head of Huntsman, a global cyber-security firm The modern company is undoubtedly going through a transformative period. As recently as 10 years ago, the idea that a company could have some of its most valuable property stolen, and not notice or act for days after the fact, would have seemed unfathomable. Today, data … Read more
In part 4 of our Cloud Myths Series, we consider the issues under privacy laws when companies use cloud computing to share data internationally. You can catch up on the first three myths covered in our Cloud Myth Series here: Myth #1, Myth #2, Myth #3. Myth 4: Cloud Computing Causes Additional Issues under Privacy Law because Data … Read more
As the volume of data worldwide continues to increase exponentially, businesses are feeling pressure to start taking more proactive measures in the area of data governance. Much of the current focus on data governance relates to security concerns, but managing unstructured data also presents a potential competitive advantage for businesses. Data is a tremendously overlooked asset … Read more
Big data continues to play an increasingly pivotal role for organizations. Managing big data through data governance is futile if the data itself is incomprehensible to an organization’s primary decision-makers. Organizations that are able to effectively communicate or ‘humanize’ data are more likely to reap the benefits available from big data. We offer three simple … Read more
Regrettably, the rise of “Big Data” has been accompanied by the often mistaken notion that organizations should strive to retain as much data as possible. Advancements in technology (through technologies such as the Hadoop® Distributed File System) have allowed large volumes of data to be stored cheaply. Accumulating vast quantities of data can be problematic … Read more
The Federal Trade Commission (“FTC”) announced that it has updated its COPPA Compliance Plan to specifically cover toys intended for children. COPPA requires website operators and online services to obtain verifiable parental consent before collecting any personal information from children 12 years or younger. The FTC’s updated guidance, however, clarifies that certain web-enabled products directed to … Read more
