Data Controllers
KEY TAKEAWAYS: Information custody transfers are far more ubiquitous and riskier than most organizations appreciate. From a legal and regulatory perspective, “access to” equals “custody of.” There are specific elements and contractual assurances upon which all organizations should insist when transferring personal or proprietary information. Failure to obtain the appropriate assurances from any vendor accessing…
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Yesterday’s SEC release alleging that software developer SolarWinds Corp. and its Chief Information Security Officer (CISO) T. Brown misled investors about known cybersecurity risks and vulnerabilities is yet another in a series of Commission actions regarding cybersecurity that should be setting off alarms for CISOs, CIOs, and the boards at all publicly traded companies and…
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This is the second blog in an ongoing series examining the often-overlooked nuances of data controller/data processor contracts. Regulatory alignment is one of the primary reasons regulations require contracts between data controllers and data processors. And, yet, despite its primacy, many contracts make the mistake of establishing this linkage with an overly simplistic clause stating…
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This blog explains why and when organizations should require contracts with service providers that have access to customer or employee personal information. One of the most underappreciated aspects of data controller/data processors contracts is when they are needed. This results from either 1) a lack of awareness of their necessity, or 2) the failure to…
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When regulators issue data security breach rulings, their findings most often mirror those recently described by Andrew Ceresney, Director of the SEC Enforcement Division: “_____________ failed to adopt written policies and procedures reasonably designed to protect customer data.” That sentiment, stated in one variation or another, has been included in virtually every data security breach…
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Instead of creating data protection requirements that apply to organizations operating within a specific border, the new generation of data protection regulations sweeping the globe apply to the citizens of that region. And, though this difference is subtle and even a little impractical, it means Data Controllers and Data Processors have to think differently about…
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