The data security legal landscape is changing quickly, which can be exciting for lawyers, but unpredictable and scary for companies trying to measure and minimize the risks. This article discusses three areas that I recommend all in-house lawyers and corporate executives should monitor in 2014.
When a company suffers a data breach, its notification obligations are governed by a patchwork of 46 state laws, federal sector-based laws, international laws and contractual obligations. The law that applies to the breach is the law of the jurisdiction where the individual whose information was compromised resides.
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