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Category Archives: Being Proactive

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The SEC Makes Clear There is No Room For Error in Cybersecurity

Posted in Being Proactive, Data Breach, Data Security, SEC

The SEC recently agreed to a $1,000,000 settlement of an enforcement action against Morgan Stanley for its failure to have sufficient data security policies and procedures to protect customer data. The settlement was significant for its amount. The true noteworthiness here, however, lies not in the end result but the implications of how it was… Continue Reading

FDA Issues Draft Guidance on Postmarket Cybersecurity Programs for Medical Devices

Posted in Being Proactive, Data Security, FDA, Pharma

In 2014, the Food and Drug Administration (“FDA”) articulated its expectations for how device manufacturers address cybersecurity premarket in Content of Premarket Submissions for Management of Cybersecurity in Medical Devices. Recently, the FDA released complementary draft guidance in Postmarket Management of Cybersecurity in Medical Devices. In the new guidance, the FDA explains what constitutes an… Continue Reading

What’s The Next Wave of Privacy Litigation? “Failure to Match”

Posted in Being Proactive, Data Privacy, Lawsuits

A client recently asked me to identify the next wave of data privacy litigation.  I said that with so much attention on lawsuits arising from data breaches, particularly in light of some recent successes for the plaintiffs in those lawsuits, the way in which companies collect information and disclose what they are collecting is flying… Continue Reading