The GDPR generally prohibits data transfers to non-EU countries unless the data can expect an “adequate level of protection” abroad. The GDPR provides various mechanisms for permitting data transfers and establishes a clear hierarchy among those mechanisms. The first is whether there is an adequate level of protection in place. If there is no adequate… Continue reading Cross-Border Transfers under the GDPR
Assuming your business activities fall within the territorial scope of the GDPR, you may be required to designate a Data Protection Officer (DPO). A DPO may be an employee or designated outside service provider who has expert knowledge of data protection law and practices. The DPO’s job is to inform and advise the company of… Continue reading Do You Need A DPO?
This month, Tracking Data will be covering the EU’s General Data Protection Regulation (GDPR), which was adopted on April 27, 2016 and goes into effect on May 25, 2018. The GDPR defines a broad set of rights and principles governing the protection of EU data subjects. These rights include the right to access one’s personal… Continue reading March Is GDPR Awareness Month
Last week the U.S. Securities and Exchange Commission (SEC) published new cybersecurity guidance for public companies. The guidance reinforces and expands upon a 2011 SEC publication, and highlights two additional topics: (1) the importance of robust cybersecurity disclosure policies and procedures and (2) the application of insider trading prohibitions in the cybersecurity context. Disclosure Controls and… Continue reading SEC Issues Interpretive Guidance on Cybersecurity Disclosures
This week, Oregon lawmakers introduced a bill (HB4147) that would require companies to notify consumers within 45 days of discovering a data breach of their personal information. The so-called “Equifax Bill” also would prohibit companies from charging consumers or requesting their credit or debit card numbers to redeem offers for free credit card monitoring or a… Continue reading Oregon Legislation Alert
If you do business in Oregon and own, maintain, or possess data about Oregon residents, you must comply with Oregon’s Consumer Identity Theft Protection Act (the “Act”). The Act requires the implementation of reasonable safeguards to protect the security, confidentiality, and integrity of personal information. Personal information is defined as: Social Security number, driver’s license… Continue reading Oregon’s Data Breach Notification Law