Williams Mullen’s Data and Privacy Dispatch focuses on legal issues related to data management, including privacy and data protection, cybersecurity, intellectual property rights and data quality. This blog aims to help organizations address the legal and operational issues associated with data collection, use, storage, distribution and more.
November 19, 2019 CCPA: Implementing the Right Cybersecurity Plan Is Now a Legal Issue Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures. July 08, 2019 Virginia Takes First Step to Address “Deep Fake” Images and Video A law just went into effect in Virginia that makes it illegal to distribute falsely created pornographic videos and images of a person. June 07, 2019 Proposed Regulations Would Focus on "High Risk" Commercial Remote Sensing Satellites The National Oceanic and Atmospheric Administration (NOAA) has published proposed regulations (the “Proposed Regulations”) in connection with its efforts to streamline the process for obtaining a license to operate a commercial remote sensing satellite. May 21, 2019 A Framework for Due Diligence of Data in an M&A Transaction The broad adoption of technologies that collect, analyze, store and distribute data is disrupting a number of industries. It is also proving to be a challenge for lawyers attempting to apply existing laws and regulations to the novel issues these technologies raise. One area of law that is often overlooked is conducting due diligence of a target company’s data assets in a corporate transaction, since data have become critical corporate assets for a number of businesses. As it does with the other corporate assets of a target company, the acquiring company must ensure that any risks associated with these data assets have been identified and, to the extent possible, mitigated. In addition, the acquiring company should ensure that the value of the target company’s data assets is adequately protected. April 17, 2019 Data Due Diligence In M&A Transactions: Data Quality and Liability As data is quickly becoming a significant corporate asset, lawyers in corporate transactions need to consider the associated legal risks. Failure to understand and address these risks can result in significant future costs to the acquiring company. April 12, 2019 Patient Privacy Breach… All in a Day’s Work? It is a health care provider’s nightmare – despite extensive HIPAA training and best efforts to hire the right people, one of your staff members has gone rogue with a patient’s information. Whether a receptionist loudly comments on health information in a full waiting room, or a nurse surreptitiously looks up his ex-girlfriend’s health history, a provider may be liable in certain circumstances for the careless, or downright inappropriate, use and disclosure of a patient’s health information. April 04, 2019 Data Due Diligence In M&A Transactions: Ownership Rights in Data As data are quickly becoming a significant corporate asset, lawyers in corporate transactions need to consider the legal risks associated with data. Failure to understand and address these risks can result in significant future costs to the acquiring company. There are a number of due diligence considerations for a potential buyer with respect to data assets. The first post in this series discussed due diligence in connection with privacy/data protection issues. This post will examine due diligence of a target company’s rights in its data assets. March 21, 2019 Due Diligence of Corporate Data Assets In M&A Transactions: Data Protection/Privacy As data are quickly becoming significant corporate assets, lawyers need to help companies both maximize the value of their data and protect the business against any associated risks. February 20, 2019 Congress Continues to Explore Legislation on Data Privacy The U.S. Senate Committee on Commerce, Science, and Transportation announced it will host a hearing on consumer privacy on February 27. February 12, 2019 Illinois Supreme Court Advances Individual’s Right to Relief from Misuse of Personal Information The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community.
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