We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byEmma Rhea
Modified over 2 years ago
©2008 Perkins Coie LLP Game Industry Roundtable Privacy Developments for the Game Industry Thomas C. Bell September 24, 2008
©2008 Perkins Coie LLP Since January 2005 over 218 million data records of U.S. residents have been exposed due to security breaches. Source: Privacy Rights Clearinghouse, www.privacyrights.org
©2008 Perkins Coie LLP What are the Costs? Ponemon Institute's 2007 Annual Study: U.S. Cost of a Data Breach pgp.com/downloads/research_reports/index.html
©2008 Perkins Coie LLP Privacy Framework
©2008 Perkins Coie LLP Preparation Breach response plan Contract strategies
©2008 Perkins Coie LLP Minimum Contract Strategies: For third party sources of risk: data hosts, processors, advertisers, marketing partners, storage companies, etc. Define and deal with "personal information" Due diligence Past audits Past breaches Ongoing audits
©2008 Perkins Coie LLP Minimum Contract Strategies Notice Vendor shall immediately notify Retailer of any actual, probable or reasonably suspected breach of security of the Vendor Systems and of any other actual, probable or reasonably suspected unauthorized access to or acquisition, use, loss, destruction, compromise or disclosure of any Confidential Information of Retailer, including without limitation any Personal Information (each, a "Security Breach").
©2008 Perkins Coie LLP Cooperation In any notification to Retailer required under this Addendum, Vendor shall designate a single individual employed by Vendor who must be available to Retailer 24-hours per day, 7-days per week as a contact regarding Vendor's obligations under this Addendum. Vendor shall (a) assist Retailer in investigating, remedying and taking any other action Retailer deems necessary regarding any Security Breach and any dispute, inquiry or claim that concerns the Security Breach; and (b) shall provide Retailer with assurance satisfactory to Retailer that such Security Breach or potential Security Breach will not recur. Unless prohibited by an applicable statute or court order, Vendor shall also notify Retailer of any third- party legal process relating to any Security Breach, including, but not limited to, any legal process initiated by any governmental entity (foreign or domestic). Minimum Contract Strategies
©2008 Perkins Coie LLP Standard of Care Vendor is fully responsible for any authorized or unauthorized collection, storage, disclosure and use of, and access to, Personal Information. Vendor shall implement and maintain administrative, physical and technical safeguards ("Safeguards") that prevent any collection, use or disclosure of, or access to, Personal Information that this Agreement does not expressly authorize, including, without limitation, an information security program that meets the highest standards of best industry practice to safeguard Personal Information. Minimum Contract Strategies
©2008 Perkins Coie LLP Indemnity Vendor will defend and indemnify Retailer, its parent, subsidiaries and affiliates, and each of their respective officers, shareholders, directors and employees from and against any third party claims, losses, liabilities and expenses (including, without limitation, reasonable attorneys' fees and expenses) that relate to any failure to comply with any obligation enumerated in this (1) Agreement relating to Personal Information, or (2) this Addendum. Which costs are covered? Minimum Contract Strategies
©2008 Perkins Coie LLP Limitation on Liability Vendors typically seek to exclude indirect and consequential damages. These damages are, however, precisely the type of damages that Retailer might incur from the disclosure, theft or destruction of data. Therefore, seek to carve out (i) all damages arising from breaches of this Addendum and (ii) all indemnification obligations (or, if absolutely cannot get (ii), all indemnification obligations arising out of breaches of confidentiality or security provisions--i.e., all breaches of this Addendum). Similarly, carve out (i) all damages arising from breaches of this Addendum and (ii) all indemnification obligations (or, if absolutely cannot get (ii), all indemnification obligations arising out of breaches of confidentiality or security provisions—i.e., all breaches of this Addendum) from the overall cap on damages. Minimum Contract Strategies
©2008 Perkins Coie LLP New Developments "Rebate" cards Loyalty programs eCommerce partners: Whose customer is it?
©2008 Perkins Coie LLP Questions? Tom Bell TBell@perkinscoie.com 206.359.8845
Dino Tsibouris (614) Vendor Contracts: What You Need and What You May Be Missing.
Managing Risk in Cloud Computing Contracts Henry Ward and Todd Taylor April 30, 2015.
© Copyright 2011, Vorys, Sater, Seymour and Pease LLP. All Rights Reserved. Higher standards make better lawyers. ® CISO Executive Network Executive Breakfast.
GSBlaw.com DATA SECURITY: LEGAL LANDSCAPE AND BEST PRACTICES November 16, 2011 Scott G. Warner Garvey Schubert Barer Seattle, Portland,
Yes. You’re in the right room.. Hi! I’m David (Hi David!)
CYBERSECURITY: RISK AND LIABILITY March 2, 2016 Joshua A. Mooney Co-chair-Cyber Law and Data Protection White and Williams LLP (215)
Dino Tsibouris (614) Updates on Cloud, Contracting, Privacy, Security, and International Privacy Issues Mehmet Munur (614)
A GIA is a contract between a surety company and a contractor (or subcontractor)/principal. A GIA is a standard, typical document in the construction.
Insights on the Legal Landscape for Data Privacy in Higher Education Rodney Petersen, J.D. Government Relations Officer and Security Task Force Coordinator.
Identity Theft & Data Security Concerns Are You Meeting Your Obligations to Protect Customer Information? Finance & Administration Roundtable February.
HIPAA Basics Brian Fleetham Dickinson Wright PLLC.
March 19, 2009 Changes to HIPAA Privacy and Security Requirements Joel T. Kopperud Scott A. Sinder Rhonda M. Bolton.
Your cybersecurity breach will happen! Here’s what to do to mitigate your risk Thursday, 25 September 2014.
© 2012 McNees Wallace & Nurick LLC CONTRACT ESSENTIALS Diane M. Tokarsky Chair, Construction Law 100 Pine Street, PO Box 1166 Harrisburg, PA
HITECH ACT Privacy & Security Requirements Cathleen Casagrande Privacy Officer July 23, 2009.
Information Privacy and Data Protection Lexpert Seminar David YoungDecember 9, 2013 Breach Prevention – Due Diligence and Risk Reduction.
Introduction PHI Rights Protecting PHI Investigating & Reporting HIPAA Training Shelly Vrsek Director of Quality Privacy Officer.
FleetBoston Financial HIPAA Privacy Compliance Agnes Bundy Scanlan Managing Director and Chief Privacy Officer FleetBoston Financial.
Middleware Promises Warranties that Don’t Indemnities that Won’t Stephen Rubin, Esquire
CARLIN LAW GROUP, APC (619) Know Your Indemnity Obligation Know Your Risk Know Your Insurance Company by KEVIN R. CARLIN, ESQ.
Data Security and Payment Card Acceptance Presented by: Brian Ridder Senior Vice President First National September 10, 2009.
Outsourcing Louis P. Piergeti VP, IIROC March 29, 2011.
ICSA Professional Indemnity, Directors & Officers Insurance for Financial Institutions Magnus McGurk, Business Development Manager, SME Professional Lines.
Data Security & Privacy: Fundamental Risk Mitigation Tactics 360° of IT Compliance Anthony Perkins, Shareholder Business Law Practice Group Data Security.
Cyber Insurance Overview July 30, 2016 Wesley Griffiths, FCAS International Association of Black Actuaries.
LAW SEMINARS INTERNATIONAL CLOUD COMPUTING: LAW, RISKS AND OPPORTUNITIES Developing Effective Strategies for Compliance With the HITECH Act and HIPAA’s.
September - November 2011 Slide 1 tml МГИМО – СТРУКТУРА – МИУ – АНОНСЫ.
Burnslev.com © 2013 Burns & Levinson LLP Allocating and Mitigating Contractual Risk ACC – NE Corporate Counsel Institute June 12, 2013 Alan M. Block, John.
COMPLYING WITH HIPAA PRIVACY RULES Presented by: Larry Grudzien, Attorney at Law.
Session 7 Compliance failure policy. 1 Contents Part 1: COLP and COFA duties Part 2: What do we have to comply with and why does it matter? Part 3: Compliance.
IS BIG DATA GIVING YOU A BIG HEADACHE? Risk Reduction - Transactional, International and Liability Issues Oregon State Bar Corporate Counsel Section Fall.
Business Associate Contracts: Time Is Running Out... Rebecca L. Williams, RN, JD Partner Davis Wright Tremaine LLP Seattle, WA
The Privacy Symposium: Transferring Risk of a Privacy Event Paul Paray & Scott Ernst August 20, 2008.
THE TOP TEN PITFALLS OF SOFTWARE CONTRACTING Texas K-12 CTO Council – Fall Meeting 2015 Lena Engel, Attorney.
1 PRIVACY ISSUES IN THE U.S. – CANADA CROSS BORDER BUSINESS CONTEXT Presented by: Anneli LeGault ACC Greater New York Chapter Compliance Seminar May 19,
WORKING RELATIONSHIPS A short presentation to Swim Ontario September 2009.
HOW TO RESPOND TO A DATA BREACH: IT’S NOT JUST ABOUT HIPAA ANYMORE The Thirteenth National HIPAA Summit September 26, 2006 Renee H. Martin, JD, RN, MSN.
The Law Offices of Sheila Deselich Cohen. Generally subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Two main types of plans:
Advanced Issues in Privacy: Drafting and Negotiating Business Associate Contracts Thomas E. Jeffry, Jr. Partner Davis Wright Tremaine LLP Los Angeles,
Confidentiality, Consents and Disclosure Recent Legal Changes and Current Issues Presented by Pam Beach, Attorney at Law.
Dealing with Business Associates Business Associates Business Associates are persons or organizations that on behalf of a covered entity: –Perform any.
HOW TO AVOID COMMON DATA BREACH PITFALLS IAPP Privacy Academy 2014.
LEADERSHIP + INNOVATION 2013 OLA Conference |October |San Diego Get Educated on the NACHA Rules Marsha Jones, AAP, NCP, Director, TPPPA Lin Fellerman,
Condominium Liens For Aggressive & Essential Collection of Unit Owner Arrears Prepared by Michael Clifton, M.A., LL.B., ACCI (Law), partner, Clifton Kok.
Canada’s Breach Reporting Law What you need to know Timothy M. Banks, CIPP/C Dentons Canada LLP July 21, 2015.
Privacy and Security Laws for Health Care Organizations Presented by Robert J. Scott Scott & Scott, LLP
INDEMNITY The University of Texas System Office of General Counsel Dana Hollingsworth, Attorney.
AUGUST 25, 2015 Cyber Insurance:
Hot Topics in Business Law Panel 1: Negotiating Contract Issues for in-House Counsel.
Version 6.0 Approved by HIPAA Implementation Team April 14, HIPAA Learning Module The following is an educational Powerpoint presentation on the.
© 2017 SlidePlayer.com Inc. All rights reserved.