Workforce Bulletin

As reported in a June 3, 2022 press release from the House Committee on Energy and Commerce, U.S. Representatives Frank Pallone, Cathy McMorris Rodgers, and Senator Roger Wicker released a “discussion draft” of a federal data privacy bill entitled the “American Data Privacy and Protection Act” (the “Draft Bill”), which would impact the data privacy and cybersecurity practices of virtually every business and not-for-profit organization in the United States.

As further described below, the Draft Bill’s highlights include: (i) a comprehensive nationwide data privacy framework; (ii) preemption of state data privacy laws, with some exceptions; (iii) a private right of action after four (4) years, subject to the individual’s prior notice to the Federal Trade Commission (“FTC”) and applicable state attorney general before commencement of lawsuit; (iv) exemptions for covered entities that are in compliance with other federal privacy regimes such as the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Gramm-Leach Bliley Act (“GLBA”) solely with respect to data covered by those statutes; (v) exclusions from Act’s requirements for certain “employee data”; and (vi) a requirement for implementation of reasonable administrative, technical and physical safeguards to protect covered data. The Draft Bill would be enforced by the FTC, and violations treated as unfair or deceptive trade practices under the Federal Trade Commission Act, as well as by state attorneys general.

Recent data thefts and systems intrusions, particularly with respect to ransomware, have assured that cybersecurity is top of mind for corporate executives and compliance officials. We at EBG have tried to keep you up to date with respect to legislative, regulatory and litigation developments and recommended best practices and procedures.

As we close out the year, we all should remain mindful that cyber criminals, especially those who are supported or protected by foreign adversaries, have little incentive to rest up during the holidays.

By Alaap Shah and Marshall Jackson

Data is going digital, devices are going mobile, and technology is revolutionizing how companies operate. It seems to be business as usual, as your hospitality company continues to collect, use and transmit large amounts of sensitive data to operate the business. You have even taken measures to help guard against the “typical” risks such as lost laptops, thumb drives and other electronic devices. However, unbeknownst to you, hackers sit in front of their computers looking for ways into your network so that they may surreptitiously peruse ...

By: Alaap Shah and Marshall Jackson

Data is going digital, devices are going mobile, and technology is revolutionizing how companies operate. It seems to be business as usual, as your hospitality company continues to collect, use and transmit large amounts of sensitive data to operate the business. You have even taken measures to help guard against the “typical” risks such as lost laptops, thumb drives and other electronic devices. However, unbeknownst to you, hackers sit in front of their computers looking for ways into your network so that they may surreptitiously peruse ...