Data security is a hot global topic right now. New laws that closely regulate data security practices seem to be popping up everywhere in order to account for all of the data people transmit electronically daily. Attorneys have been tightening their practices to protect confidential data and advising their clients to do the same. However, some organisations may not be aware that they could be liable for data breaches perpetrated by their employees – even in seemingly unrelated situations.
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Australia has recently taken significant action in the realm of data security that will potentially have global impact. In December 2018, the Australian Competition and Consumer Commission (“ACCC”) released recommendations on ways big technology companies can improve data security.
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The GDPR updates the EU’s 1995 framework data privacy law—which is outdated due to the technological advances that have occurred since the mid-1990s. The European Commission proposed the GDPR in 2012, to modernize the law and create greater harmonization across the EU. However, the current law is implemented in 20 different ways across the union which makes it challenging for multinational companies to comply. Due to the law’s very broad territorial reach, it applies to companies both in the EU and outside of the EU that collect and process personal data in connection with an EU establishment.
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