Privacy, Cybersecurity & Technology Law Perspectives

Many companies need strong supply chain traceability.  For the most prevalent tracing challenges, blockchain may provide a formidable solution. Real-World Applications Using blockchain to trace products is especially promising for certain industries, including the food, fashion and regulated products industries. Food Industry Supply chain traceability is crucial in many industries, but arguably none more so than the food industry, where concerns about contamination, intentional adulteration, and bioterrorism are ever-present. The most promising applications in…
On August 15, 2021, a number of media outlets indicated that T-Mobile was investigating a data breach that may have included the names, date of births, phone numbers, T-Mobile account pins, Social Security numbers, and Drivers’ License numbers of over 30 million current and former T-Mobile customers. A number of class-action lawsuits have already been filed, which allege negligence, violation of applicable law (including the California Consumer Privacy Act, CCPA), and/or other wrongful conduct. The…
Blockchain has been heralded as a cutting-edge technology that will improve the contemporary supply chain structure by increasing supply chain trust, efficiency, and transparency. However, as promising as blockchain technology is, blockchain is not a panacea for supply chain issues. There are numerous pros and cons of using blockchain in the supply chain: Some Pros of Blockchain Trust. Because data on the blockchain is decentralized and immutable, members of the supply chain can trust…
When a company is formulating a blockchain solution to fill its supply chain needs, inevitably the decision must be made as to what type of blockchain is best suited for the project.  Therefore, it is essential to have a clear understanding of the options available for blockchain structures.  Not all types of blockchains are appropriate for supply chain information management. Permissionless vs. Permissioned Blockchains All types of blockchains can be characterized as permissionless, permissioned, or…
Managing the supply chain is one of the biggest challenges faced by modern-day global companies.  These companies devote a tremendous amount of resources to investigating inefficiencies and identifying areas of cost reduction.  Forward-thinking companies are now investigating blockchain as a technology that could potentially revolutionize supply chain as we know it.  Analysts predict that blockchain technology is capable of improving the contemporary supply chain structure by increasing supply chain trust, efficiency, and transparency.1 Increasingly,…
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law, making Colorado the third state to enact comprehensive privacy legislation, following in the footsteps of California and Virginia. However, on the same day, Governor Polis issued a statement directed towards the Colorado General Assembly, describing that in the “haste to pass this bill,” a number of issues remain outstanding, and that clean up legislation will be required in the…
The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did not completely meet the requirements of the General Data Protection Regulation (GDPR) passed in 2016. For example, the scope of the DPD only applied to data controllers in the European Union (EU) or European Economic Area (EEA), and the original…
On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by the Governor on June 29, 2021. The Act became law effective July 1, 2021. The Act follows a United States Supreme Court decision in Facebook, which significantly narrowed the scope of the Telephone Consumer Protection Act. The…
On June 2, 2021, Anne Neuberger, Deputy Assistant to the President and Deputy National Security Advisor for Cyber and Emerging Technology, published a rare open letter to the corporate executives and business leaders of private organizations about the significant threat of ransomware attacks. The letter comes in the wake of a recent string of ransomware attacks against various sectors of the U.S. economy, including, for example, the energy, banking, healthcare, and food processing sectors. The…
Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled approach is designed to provide companies with a means to more securely transfer data out of the European Economic Area (EEA). Companies worldwide have been looking forward to the new SCCs as thousands of businesses rely upon the SCCs for their daily…