Compliance

Ok, so imagine you’ve been breached and there is your customers’ information flying all around the internet, and not a darn thing you can do about it. Even worse, there is a lawsuit against your company for the breach and it is not looking good. Thankfully, you had the good sense to get good commercial liability insurance. 

You’d probably imagine that your company may yet weather this storm that is coming. You’re covered, right?

“COPPA: Children’s Online Privacy Act”

COPPA is a federal law that restricts the online collection of “personal information” from minors under the age of 13.

COPPA applies to 2 types of website or online services. (a) those that are directed to children under 13, and (b) those that have actual knowledge that they are collecting or maintaining information from children under 13.

“Private Cybersecurity Lawsuits”

Question: What liability do we have to individuals in a private lawsuit if there is a data breach?

A company can be privately liable to an individual or individuals in a number of ways deriving ultimately from “common law” court made laws, or “statutes” enacted by Federal or State legislatures.

Federal Class Actions for Data Breach – Who Can Sue?

Suing due to a data breach related incident might not be as simple as you'd think. 

There are fine terms you must meet in order to be able to sue and for your case to be approved in court. 

Our VP of Compliance lays out everything you need to know on this subject. 

FISMA is the Federal Information Security Management Act. It is a high-level law that mandates a level of cybersecurity for all federal agencies and federal contractors. It was enacted by Congress in 2002 and updated in 2014.

While FISMA delegates cybersecurity responsibility to the various federal departments and agencies, it also centralizes a significant amount of cybersecurity functions (including mandates) to the Department of Homeland Security (DHS) and leaves the nitty-gritty standards and guidelines to the National Institute of Standards and Technology (NIST) to hammer out.