Categories
Daily Compliance News

Daily Compliance News: June 8, 2023 – The End of Rock and Roll? Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Stories we are following in today’s edition:

·       Can risqué music be banned? (WSJ)

·       What will PGA’s sponsors do?  (WSJ)

·       EU eases class action rules. (WSJ)

·       Climate change is real.  (WSJ)

Categories
Life with GDPR

Life With GDPR: Class Action Update

Tom Fox and Jonathan Armstrong, renowned experts in cyber security, co-host the award-winning Life with GDPR. Join them in this episode as they discuss the recent court decision in the Austrian case and its implications on GDPR claims. Discover the guidelines for GDPR damage compensation, assessment of damages, liability provisions, and how businesses can make themselves more robust to avoid such claims. They also delve into the importance of acting quickly in the event of a breach and insurers’ sophistication in cyberattack policies. Tune in to learn more, and check out the article on the quarterly compliance website. Don’t miss out on their engaging conversation and valuable insights!

 

Key Takeaways:

  • Understanding GDPR compensation claims
  • Insurance Claims and Breach Response Strategy
  • Cyber insurance is becoming more selective in writing cover

Notable Quotes:

“I would say when you have a title like that, you get the attention of many class action lawyers.”

“Not every infringement of GDPR automatically gives rise to compensation.”

“The right to compensation under GDPR needs 3 things. Firstly, an infringement of GDPR; secondly, material damage resulting; and thirdly, a causal link between the damage and the infringement.”

“If you haven’t got the right team in place, Even on New Year’s Day or Christmas day, Easter or Passover or, you know, during fasting, then that’s your fault, not ours, and regulators are not forgiving.”

 Resources:

For more information on the issues raised in this podcast, check out the Cordery Compliance News Section. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here.

Connect with Tom Fox

Connect with Jonathan Armstrong

Categories
Life with GDPR

Class Action Update

Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take a deep dive into class action litigation in the UK and EU around data privacy and data protection. Some of the issues we consider include:

1.     Has the tide turned in favor of defendants in class action litigation in the UK?

2.     Are actual damages now required to receive damages after a data breach?

3.     How can a company manage a regulatory investigation of a data breach during a class action litigation?

4.     What about suits against Boards of Directors?

 Resources

Check out the Cordery Compliance, client alert on this topic, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

Life with GDPR named one of the top 30 Data Security Podcasts you must follow in 2022.

Categories
Everything Compliance

The Not Headed to Doral edition

Welcome to the only roundtable podcast in compliance. Today, we have a quintet of Jay Rosen, Matt Kelly, Sarah Hadden, Jonathan Armstrong and Mike Volkov with a potpourri of topics and commentary on current events from the compliance perspective. Rants and shouts outs follow the commentary for this episode, with one public service announcement from across the pond.

  1. Mike Volkov takes a deep dive into the debate on whether a Chief Compliance Officer should report to the GC or not. Volkov shouts out to Harvard Law Professor Matthew Stephenson for his great blog site Global Anti-Corruption Blog and specifically his recent blog post, If You Don’t Think Conflicts of Interest Matter, Consider the Kurds.
  2. Jay Rosen discusses the role ethics and compliance in the Mergers and Acquisition process. Rosen shouts out General James Mattis’ and his remarks at the Alfred Smith Dinner where accepted Trump’s claim he was the ‘most-overrated general’ by noting Trump had said 3-time Oscar winner Meryl Streep was the ‘most-overrated actress.’
  3. Sarah Hadden takes things a different direction by reading the eBook Trump and Compliance which was published in late 2016 and was based on the Everything Compliance gang’s predictions of how compliance would fare under the Trump Administration. Hadden shouts out to a new section of CCI which will focus on those persons early in their compliance careers. It is certainly a welcome addition to the compliance discussion.
  4.  Matt Kelly provides breaking news by discussing the SEC proposed changes to its Whistleblower Program. Kelly shouts out to Boston Celtic Enes Kantor for calling out the NBA on its hypocrisy on China.
  5. Jonathan Armstrong discusses the growing tide of US-style class actions coming to the UK and EU around the issue of data breaches under GDPR. Armstrong provides a public service announcement around the perils of using Apple Pay and the failure to Document Document Document.
  6. Tom Fox rants about the surreal news conference given by Acting Chief of Staff Mick Mulvaney where he (1) admitted the President violated US law in requiring a quid pro quo from Ukraine for the Congressionally mandated US aid package, claiming it was ‘just politics’ and (2) admitted the President violated the Emoluments Clause of the US Constitution by announcing the President had ordered the 2020 G-7 Summit to be held at Trump properties.

Resources:
From Jonathan Armstrong, on the always great Cordery Compliance site:
UK Data Protection Regulator Announces Intention to Fine BA after Data Breach
Life with GDPR – Episode 22 – Morrisons And Vicarious Liability
Client Alert: Doors open for data protection class action as appeal court allows Google claim to proceed?
 From Matt Kelly, the coolest guy in Compliance, on Radical Compliance:
SEC Tees up Whistleblower Reforms
 From Mike Volkov’s remarks, two articles from Compliance Week (sub req’d)
Point: Why CCOs should report to GC by Jeff Kaplan
Counterpoint: CCO, GC independence is critical by Matt Stankiewicz
From Sarah Hadden, the eBook published by CCI:
Trump and Compliance-the Conversation is Just Getting Started
The members of the Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
  • Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Sarah Hadden –Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.com

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.