Author

Michael Egan

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Michael advises clients across various industries, including global online businesses, pharmaceutical companies, healthcare providers, manufacturers, financial institutions, sourcing providers, retail companies, and other organizations regarding the legal aspects of global privacy and data protection, data security, information technology, and related restrictions on data collection and transfer.

The European Data Protection Board (EDPB) recently published the draft Guidelines on Examples Regarding Data Breach Notification, a document that encompasses eighteen examples of data security incidents, on a spectrum of risk and necessary mitigating measures. Each example concludes with recommended actions based on the identified risks, mainly: recording the incident in the organization’s internal register, notifying the organization’s supervisory authority, and notifying affected individuals. The Guidelines are currently open for public consultation. The Guidelines include…

Adding to an emerging trend of federal cases addressing privilege in the context of forensic reports, the DC District Court ruled last month that forensic reports created in response to a cybersecurity incident were not subject to attorney-client privilege nor attorney work product protection because the reports were created in the ordinary course of business. This decision has significant implications for organizations preparing to respond to cybersecurity incidents and continues a pattern of increased scrutiny…