Articles Posted in Internet Law

The Justice Department Criminal Division recently released guidance on what it considers when deciding how a corporation’s compliance program factors into its investigation and the ultimate decision as to whether to bring charges, negotiate pleas or enter into other agreements with corporations under investigation. The Evaluation of Corporate Compliance Programs, released on April 30, 2019,…

Voice recordings violate the General Data Protection Regulation (GDPR) when companies fail to provide callers the ability to opt out according to a ruling earlier this month by the Denmark Data Protection Authority. Under the GDPR, voice recordings are considered personal data. Therefore, companies that communicate with EU residents need to understand what the GDPR…

The State Office for Data Protection Supervision (BayLDA) in Bavaria recently conducted an audit on 40 websites and concluded all 40 websites were in violation of the GDPR. The audit revealed, as discussed below, that all websites failed to provide its users with clear and concise information regarding the use of cookies in direct violation…

The General Data Protection Regulation (GDPR) was approved by EU Parliament back in May 2017. The GDPR, in a nutshell, was designed to replace an inconsistent set of data privacy laws with a comprehensive law that protected all European Union residents. Please click here for my original post on the GDPR. While the GDPR has…

Last month the Pennsylvania Supreme Court held that accessing any information from a cell phone without a warrant violates the fourth amendment to the constitution. The Fourth Amendment states in a nut shell that we shall be free from unreasonable searches and seizures. In this particular criminal case, the police powered on a cell phone…

A Delaware business client recently asked me to review his commercial privacy policy to see if his website complied with current online privacy protection requirements. Not surprisingly in this fast pace and constantly changing digital landscape – the website failed because it did not clearly provide a link to its privacy policy on the home…

The recent Equifax data breach has been called the worst personal data breach in history. Over 143 million people have been affected. Experts are saying that is it safer to assume you were affected and take preventative measures immediately. Data Breach Timeline Security Steps to Consider: Fraud and Freeze Alerts If you believe you may…

The General Data Protection Regulation, more commonly known as the GDPR, replaced an inconsistent country by country approach to how companies were required to handle the personal data of European Union (EU) residents. The EU Parliament approved the GDPR last month and all companies, including US companies, must be compliant by May 25, 2018 or…

Cyber Security Month October is Cyber Security Month. If your company uses any kind of computers, cell phones, networks, software, etc. to go about its business, then this month applies to what you do day in and day out. Having these technologies makes our lives more advanced and efficient but they also leave us open…

A woman living in Staten Island must pay her flooring contractor $1,000. What did she do wrong; a negative review on Yelp.com. While the first amendment (freedom of speech) generally lets you critique your home improvement contractors (and anyone for that matter) and comment upon their quality of work and professionalism, the Judge in this…