GT Shareholders Ian C. Ballon and Jena M. Valdetero will present at PLI’s Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2023 event Jan. 26, 2023. The program will cover forensic tutorial guides; major new cases and trends from the past year in the law of data privacy and security breach; the latest

Given recent Health and Human Services’ Office for Civil Rights guidance, HIPAA-regulated entities should consider immediately taking the steps discussed in this GT blog post to reduce the risk associated with their use of tracking technologies.
Continue Reading Cookies and Other Tracking Technologies May Violate HIPAA

On Nov. 9, 2022, the New York Department of Financial Services (NYDFS) issued a proposed second amendment to its 2017 cybersecurity regulation for financial service companies.[1] In July 2022, NYDFS issued a draft version of the changes, but the current amendment has significant changes. Most of the proposed changes will take effect 180 days

Go-To Guide:

  • The Safeguards Rule compliance deadline is delayed by six months
  • Eight subsections of the Safeguards Rule are affected by the delay
  • The new effective date for compliance is June 9, 2023
  • The FTC cited implementation challenges for small business as the reason for the delay.

On Nov. 15, 2022, the Federal Trade Commission

The Telephone Consumer Protection Act (TCPA) covers unsolicited calls and texts, aimed at protecting consumers from harassing and unwanted communications. With the April 2021 Facebook SCOTUS case[1] (see GT Alert) reducing the prevalence of some TCPA claims with private rights of action, new claims are starting to emerge as plaintiffs’ favorites.

One

Modern data privacy statutes require that organizations inform individuals about the organization’s privacy practices by creating a privacy notice (sometimes referred to as a privacy policy or a notice at collection). Some data privacy statutes provide specific directions regarding how the privacy notice must be distributed. For example, the California Consumer Privacy Act and the

A behavioral advertising cookie typically refers to a cookie that is used to track the websites a consumer visits for the purpose of identifying advertisements that may be of particular interest to the consumer and then serving such advertisements to the consumer. Behavioral advertising cookies are sometimes referred to as third-party behavioral advertising cookies, advertising

There is little standardization concerning how cookie banners are deployed. Generally, however, most cookie banners fall within four broad categories:

  1. Notice-only cookie banners. A notice-only cookie banner discloses to website visitors that the website deploys cookies, but the banner does not give the visitor any direct control concerning the use of cookies. In other words,

All contracts that used the traditional Standard Contractual Clauses must be updated and repapered by 27 December 2022. To help companies comply with the deadline, Greenberg Traurig’s Data Privacy & Cybersecurity Group has compiled a 90-page guide explaining how to apply the new Standard Contractual Clauses in over 40 different transfer scenarios – ranging from