Tag: Data Privacy

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From the Editor's Desk

January and February 2023 in Compliance Week

Welcome to From the Editor’s Desk, a podcast where co-hosts Tom Fox and Kyle Brasseur, EIC at Compliance Week, unpack some of the top stories which have appeared in Compliance Week over the past month, look at top compliance stories upcoming for the next month, talk some sports and generally try to solve the world’s problems.

In this month’s episode, we look back at top stories in CW from January around the changes to the DOJ Corporate Enforcement Policy, the Ireland DPC fine against Meta, and the always-interesting Inside the Mind of the CCO series. We previewed some of the stories CW will look at in February, including several articles about data privacy in the US and Europe.

We conclude with a look at some top sports stories, including the NFL playoffs and the Carlos Correa contract situation.

Resources

Kyle Brasseur on LinkedIn

Compliance Week

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The ESG Report

Data Privacy and ESG with Dan Frechtling

Tom’s guest in this episode of the ESG Report is Dan Frechtling of Boltive, a company that helps keep the Internet safe from invasive media and enforces data privacy. Data privacy and cybersecurity are ESG issues because they are significant drivers of business risk and a growing concern among investors and CEOs. The public costs of poor corporate cybersecurity management are increasingly viewed as market failures.

Dan is the CEO of Boltive. His career began as a marketer, and he has spent years learning the power of marketing. Having experienced a significant event that changed his perspective about hyper-targeting and information sharing, he transitioned to cybersecurity where he learned about data privacy issues. 

 

Here are some key points Dan and Tom talk about:

  • Dan talks about his professional journey and background and his role at Boltive.
  • Dan defines invasive media and describes the protection his company provides against it. 
  • Dale explains how Boltive’s solution for invasive media protects the audience from malware, redirects, and other malicious behaviors, by replacing them with revenue-generating ads.
  • Compliance with terms of service and user experience is key in order for these solutions to work, Dan tells Tom.
  • In cybersecurity, the intermediaries and third parties are often creating noncompliant and bad user experiences. Boltive solves this by creating a synthetic user experience so each step is recorded and traceable to see what went wrong.
  • Knowing and identifying if your inventory is sensitive and understanding the flow of data makes complying with ever-changing privacy regulations easier. 
  • Dan explains why the digital ad ecosystem is so convoluted and the potentially harmful effects on customers.
  • Dane highlights some of the compliance issues with online marketing. 
  • GDPR is the gold standard when it comes to privacy and data protection, but state laws should also be followed when they are more stringent than GDPR.

 

KEY QUOTE:

“Invasive advertising can really be many different forms and we see our role to protect brands and publishers and technology platforms so those ads don’t get inadvertently served, because the world of programmatic advertising is very lawless and algorithm-driven.” – Dan Frechtling

 

Resources 

Dan Frechtling LinkedIn | Twitter 

Boltive

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Life with GDPR

US Response to GDPR Data Flow Protections

Jonathan Armstrong and Tom Fox return for another episode of the award-winning Life with GDPR. In this episode, we discuss the US/EU/UK agreement for data transfer from the EU/UK to the United States under the Data Protection Framework. Some of the highlights  include:

1.     What is the Data Protection Framework?

2.     How will the Data Protection Review Court work?

3.     What dare the safeguards around the US national security review be?

4.     What happens next?

5.     What are the views of Max Schrems?

6.     Will there be an EU/UK split?

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.

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Daily Compliance News

October 11, 2022 the Rethink Edition

In today’s edition of Daily Compliance News:

  • Corruption and money laundering are destroying the planet. (FCPA Blog)
  • UK to ‘rethink’ replacing GDPR. (TechCrunch)
  • Meta appeals €405 million fine. (Cordery Compliance)
  • More whistleblowers at EY (FT)
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Daily Compliance News

October 10, 2022 the Data Privacy Edition

In today’s edition of Daily Compliance News:

  • Weinstein LA trial takes on new urgency. (NYT)
  • Twitter/Musk case study. (Reuters)
  • US tries to fulfill data privacy agreement with EU. (WSJ)
  • Met creates an anti-corruption unit. (BBC)
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FCPA Compliance Report

Alvarez & Marsal Threatscape 2022 Report

In this episode of the FCPA Compliance Report, I am joined by Keith Williamson and Henry Chambers, Managing Directors at Alvarez and Marsal. We look at the firm’s Threatscape Report. Highlights of this podcast include:

A.    Threat 1-ABC Threats

  1. Why do you see a potential increase in anti-corruption investigations?
  2. In addition to the US under the FCPA, do you see other countries are actively assisting US authorities in ABC investigations?
  3. The new DOJ Monaco Doctrine reinstate the Yates Memo and the DOJ focus on individuals.  What does this mean for ABC investigations?
  4. What are some of the key challenges in handling investigations in China?
  5. How does this increase in ABC enforcement impact M&A?

B.     Threat 2-Fraud and Digital Asset Fraud Threats

  1. What are digit assets and digit asset fraud?
  2. The US has not yet released many regulations regarding cryptocurrency. What is the role of other countries in such regulation, if any?
  3. Why is the Ukraine war the first ‘digital asset war’?
  4. How have the worldwide sanctions against Russia impacted the growth and use of digit assets?
  5. What are the key controls and screen tools for digital assets that you advocate a company employ?

C.     Threat 3-Data Privacy and Data Protection

  1. What is the Personal Information Protection Law and how does it relate to the Chinese State Secrets and Data Security Laws?
  2. How can a non-Chinese company get data out of China?
  3. What are some of the key components of compliance program for this new law?
  4. How does this new law impact investigations in China?

Resources

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Life with GDPR

Clearview AI Fine by the ICO


Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we take up a fine in the UK by the ICO against Clearview AI. We have discussed other EU countries’ fines against Clearview previously. Some of the highlights  include:

  1. What is this case all about?
  2. What did the ICO decide?
  3. Why is AI under the spotlight again?
  4. Other actions and penalties against Clearview?
  5. Key takeaways.

Resources
For more information on the Clearview AI fine by the ICO, check out the Cordery Compliance client alert on this topic; click here. 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.

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Life with GDPR

Privacy Shield 3


Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, consider the recently announced EU/US resolution to allow data transfer from the EU to the United States through the mechanism of Privacy Shield 3. Some of the issues we consider include:

  1. Is it Déjà vu all over again?
  2. What about consent and standard contractual clauses as a basis for data transfer?
  3. What was the court’s ruling?
  4. Why will double due diligence be required going forward?
  5. What about the UK?
  6. What does Max Shrems have to say?

Resources
Check out the Cordery Compliance client alert on this topic; click here and here. 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.

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Life with GDPR

GDPR-10 Years After Original Proposal


Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, they celebrate the 10th anniversary of the initial proposal of the law, which became GDPR. Some of the issues they consider include:

  1. What was in the original proposal that did not become enacted in the final law?
  2. Reduction in costs-what happened?
  3. Right to be Forgotten morphed into something very different than intended.
  4. Fines, Fines, Fines.
  5. Evolution of regulatory sophistication.
  6. Criticism of regulators.

Resources
Check out the Cordery Compliance client alert on this topic; click here. 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.

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Everything Compliance

Episode 90, the Happy Holidays Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also thrilled to be honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Karen Woody, Jonathan Armstrong, Matt Kelly and Jay Rosen. We end with a veritable mélange of shouts outs and rants.

1. Karen Woody looks at a recent panel of two consisting of the current and most recent chair of the SEC, Gary Gensler and Jay Clayton respectively. Karen shouts out to the Indianapolis Motor Speedway.

2. Jay Rosen considers telemedicine and telehealth coming out of the pandemic. Rosen rants about Tampa Bay receiver Antonio Brown who misrepresented his vaccination status by presenting a fraudulent shot card to the Bucs.

3. Matt Kelly looks at recent imbroglios involving SPACs, their inherent conflicts of interest and corporate governance issues. Kelly has a Shout Out to the Women’s Tennis Association for their pulling their tennis tournaments out of China in the wake of the Chinese government’s treatment of Peng Shuai after she raised issues of sexual harassment against a high-ranking Party member.

4. Jonathan Armstrong takes look at a recent UK data privacy enforcement action against the UK government due to the release of Personal Identifiable Information. Armstrong shouts out to the EU Public Prosecutors Office.

5. Tom Fox has his first dual rant/shout out. He rants about MLB locking out the players, particularly the inanity of doing so during the offseason. He shouts out to Houston Chronicle sports columnist Brian Smith for editorializing that MLB should use this time to fix the game of baseball, instead of trying to simply save a few pennies.  

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
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       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 jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com
The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.