For those of us who pay attention to and care about these kinds of things, the Court of Justice of the European Union has issued a ruling today stating that the FTC’s Privacy Shield framework governing the transfer of personal data from Europe to the United States is no longer valid. This ruling is very… Read More
Zoom, the videoconferencing platform on everyone’s lips this month, has had an roller coaster of a first quarter. As remote working became the norm for hundreds of millions, the company rapidly emerged as a favorite in the United States, where its simplicity and video quality made it stand out from competitors. Its daily usage swelled… Read More
As many people adjust to the reality of working from home, we find ourselves in a situation that we largely didn’t anticipate: seemingly everyone else doing the same thing. In the past, a day or two here or there doing Zoom meetings or conference calls was interesting, anomalous, and largely ad hoc, so there wasn’t… Read More
Privacy is not the top priority for most people or businesses dealing with a health crisis, and the spread of COVID-19 means that privacy will (rightly) take a backseat to handling individual and global health needs. Frankly, one of the biggest problems is managing the flow of disinformation/misinformation as it winds its way through social… Read More
One of the biggest concerns we have when we talk to clients about how to create data partnerships is the security and protection of data. We don’t mean cybersecurity and the literal safeguarding of information, though that’s undoubtedly essential too. Instead, we’re talking about ensuring that datasets are used only as appropriate, are kept within… Read More
Okay, There’s An App For That. Why? Ho boy. The Iowa Caucuses were…they happened. And they happened in a way that was both completely unprecedented and utterly, exhaustingly predictable. It’s a story line that’s becoming, frankly, a little boring: people use old process, someone decides that an app (or AI) will be better, lots of… Read More
We’ve already spent some time discussing the kind of partnerships where a small, innovative firm wants to partner with a larger one to create new value and drive growth. Many times, this is how the smaller business gets its foot in the door, and (together, perhaps, with a channel agreement) first is able to get… Read More
We’re big fans of January around here, enjoying, as we do, the prospect of starting the new year off the right way and looking at things afresh. There’s something special about the focus that comes with new beginnings and the excitement of starting new projects after the whirlwind of the holiday season. The one thing… Read More
After a whirlwind start to this year (let’s leave the decade debates aside please), we’re finally ready to start making our 2020 predictions for privacy, data partnerships, and data strategy. This is where we lay out our view for how businesses, regulators, government, and internet users will shift the rules and change the way we… Read More
Fads are a big part of January. Everyone wants to hashtag their efforts at keeping up their New Year’s Resolution (#NoCheeseMonth, #NoCarbMonth, #NoFunMonth), and our collective refusal to acknowledge that the holidays are over means we’re all still desperate for distractions. But nobody minds, because we all love fads — it’s why we get obsessed… Read More
It’s been a week, folks. Not even a week. And we’ve already got a looming hot war, an active cyberwar, three major data breaches, and the promise of a major fight over GDPR on the very near horizon. Apparently, 2020 is going to be like 2019, just more so. Normally, this is the time of… Read More
To me, the most meaningful meme of this year was “OK, Boomer” (Baby Yoda was a non-event, don’t @ me). It not only perfectly captures the very real, politically potent generational conflict going on right now, but it also reflects how completely ignored Generation X is in our current culture wars. (I feel no guilt… Read More
Happy Boxing Day from everyone at Ward PLLC. We hope that you’re all having an enjoyable, and suitably private, holiday season. For many people, today is a day of quiet, calm, reflection, relaxation, and desperately trying to find out if you can get cash refunds from Restoration Hardware for the gifts your in-laws inexplicably decided… Read More
Like all right-thinking people, I love Marvin Gaye’s rendition of I Heard it Through the Grapevine — ironic though it may be that a privacy lawyer would enjoy a song about unauthorized release of sensitive personal data. You’re probably hearing it in your head right now, the bassline kicking in and maybe thinking about times… Read More
You may recall that we made some predictions way back in January about what would happen in privacy, privacy law, and data partnerships over the course of 2019. Well, we believe in accountability, and so it’s time to check out how well we did. There’s a reason that most people don’t reflect on their New… Read More
Very often, we hear clients or businesses express the idea that “we want to give our customers control over the privacy of their data, and that sounds good, but making it a reality is much more complicated.” That’s a fair assessment — operationalizing privacy is something that companies in the U.S. have a difficult time… Read More
It’s hardly controversial to say that data breaches are a bad thing for business, resulting in lost customers, lost confidence, and lost credibility. But what about the lost data? What kind of consequences come, for instance, when a malicious insider sells vast quantities of customer data, or an outsider exploits a weakness in your security… Read More
Summer is always an interesting time for lawyers, because it’s the time of year when the Supreme Court’s term comes to a close and when, typically, they issue their most controversial or difficult rulings. In fact, the Court sometimes waits until the actual last day of the term before handing out the tough, 5-4 split… Read More
One of the questions I hear most frequently is “will the GDPR be as big a deal as everyone promised?” Of course, the real question is “will the GDPR be as big a deal as you, Jay, promised,” and it is a fair one. Privacy commentators spent a great deal of time in 2018 talking… Read More
A strong approach to data requires constant attention not just to the quantity of data you take in, but the quality as well. It’s never enough to know what data you have; good data strategy demands that you have a firm grasp on the value of that data. That is not a static exercise, but… Read More