ThomsonReuters

MARCH 16, 2023

The top five issues alleged in the complaints resolved in 2021 involved (1) impermissible uses and disclosures; (2) right of access; (3) safeguards; (4) administrative safeguards (security rule); and (5) breach notice to individuals. Breach Notification Report. Contributing Editors: EBIA Staff.

Compliance 59

Compliance 59

ThomsonReuters

FEBRUARY 4, 2021

HHS’s Office for Civil Rights (OCR) has issued a report describing its 2016–17 audit program, which reviewed covered entities’ and business associates’ compliance with certain HIPAA privacy, security, and breach notification rules (see our Checkpoint article ). Few covered entities complied with individual access rights.

Compliance 52

Compliance 52

ThomsonReuters

JANUARY 20, 2022

For plans with automatic contribution arrangements, penalties for failure to provide the required ERISA § 514(e) preemption notice to participants increase from $1,788 to $1,899 per day. See also EBIA’s 401(k) Plans manual at Sections VIII.D.2

Compliance 98

Compliance 98

ThomsonReuters

JANUARY 20, 2022

The officials also noted that the plan’s Notice of Privacy Practices must disclose information and examples about how PHI is disclosed for health care operations such as audits. You may also be interested in our upcoming webinar “ HIPAA Breaches: Preparation and Response ” (live on 1/26/2022). Contributing Editors: EBIA Staff.

52

52

Reynolds Holding

JULY 14, 2022

On June 21, 2022, the House Energy and Commerce Committee formally introduced a new federal privacy bill: the American Data Privacy and Protection Act (“ADPPA”). The ADPPA aims to create a national framework that would preempt many, but not all, state privacy laws. We’ve previously written about the development of U.S.

Compliance 45

Compliance Technology 45

ThomsonReuters

JANUARY 19, 2023

For plans with automatic contribution arrangements, penalties for failure to provide the required ERISA § 514(e) preemption notice to participants increase from $1,899 to $2,046 per day. See also EBIA’s 401(k) Plans manual at Sections VIII.D.2

Compliance 59

Compliance 59

ThomsonReuters

JANUARY 21, 2021

For plans with automatic contribution arrangements, penalties for failure to provide the required ERISA § 514(e) preemption notice to participants increase from $1,767 to $1,788 per day. See also EBIA’s 401(k) Plans manual at Sections VIII.D.2

Compliance 93

Compliance 93

ThomsonReuters

JANUARY 14, 2021

Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement. HHS has announced proposed regulations that would make significant changes to targeted aspects of the HIPAA privacy rule, focused primarily on clarifying individual access rights. Notice of Privacy Practices.

52

52

ThomsonReuters

NOVEMBER 19, 2020

HHS’s Office for Civil Rights (OCR) has announced two settlements resolving alleged violations of HIPAA’s privacy and security rules. Another report indicated that the words “HIV medication” could be seen through window envelopes containing benefit notices mailed to members. (A 1, 2020); HHS News Releases: City of New Haven (Oct.

52

52

ThomsonReuters

NOVEMBER 19, 2020

HHS’s Office for Civil Rights (OCR) has announced two settlements resolving alleged violations of HIPAA’s privacy and security rules. Another report indicated that the words “HIV medication” could be seen through window envelopes containing benefit notices mailed to members. (A 1, 2020); HHS News Releases: City of New Haven (Oct.

52

52

Reynolds Holding

DECEMBER 18, 2022

The EU’s General Data Protection Regulation 2016 (the “GDPR”) changed the global privacy landscape, and has been called the “gold standard” for data protection regulation. What constitutes valid consent is important under the State Privacy Laws because, in several circumstances, personal data can only be processed with a user’s consent.

Banking 45

Banking Compliance Start-ups Technology 45

ThomsonReuters

MARCH 4, 2021

EBSA Disaster Relief Notice 2021-01. The DOL has issued EBSA Disaster Relief Notice 2021-01, clarifying the duration of certain COVID-19-related deadline extensions. The notice answers those questions (in the nick of time) by providing that the extensions will continue past February 28 and will be measured on a case-by-case basis.

Compliance 52

Compliance 52

Reynolds Holding

NOVEMBER 7, 2023

BACKGROUND The Gramm-Leach-Bliley Act (the “GLBA”) provides a framework for the regulation of financial institutions’ privacy and information security practices. Publication of Notices In the adopting release, the FTC notes that it “intends to enter notification event reports into a publicly available database.” [16]

Banking 40

Banking 40

ThomsonReuters

NOVEMBER 17, 2022

9, 2022); HIPAA Administrative Simplification Information Bulletin: Notice Regarding Publication of Proposed Rule (Nov. For more information, see EBIA’s HIPAA Portability and Privacy manual at Section XXXII (“Electronic Transactions and Code Sets”). 67634 (Nov. Proposed Regulations. Contributing Editors: EBIA Staff.

52

52

Reynolds Holding

MARCH 19, 2024

Companies should consider whether contracts with these vendors adequately address data preservation and require notice of third-party discovery requests. Courts look to these expectations of privacy when assessing claims of privilege in discovery.

Technology 45

Technology 45

M&A Leadership Council

AUGUST 24, 2023

Sixth, with the growing concern about data privacy, a review of data privacy information is recommended, especially in deals involving multinational targets and target companies that are located in different countries. Vendors to these companies may also be affected by this law.

Mergers & Acquisitions 52

Mergers & Acquisitions Technology 52

Reynolds Holding

NOVEMBER 8, 2022

Data Privacy ( You should be protected from abusive data practices via built-in protections and you should have agency over how data about you is used ). Data privacy should be protected by design and by default. Privacy risks include risks to third parties. Follow industry-standard best practices for privacy and security.

Compliance 49

Compliance Specific Risk Equity Technology 49

ThomsonReuters

OCTOBER 7, 2021

discount of no more than 30% of the cost of coverage when added to any other wellness incentives for health-contingent programs, reasonably designed to promote health or prevent disease, annual qualification opportunity, available to all similarly situated individuals, and notice provided of alternative standards or waiver).

52

52

Shephard Mullin M&A

JUNE 8, 2022

Data Privacy. Given that companies in this space are involved in the transfer of customer records, data privacy, cybersecurity and data breach issues are particularly relevant for buyers to review and for sellers to preemptive be aware of. OFAC and Export Control.

Compliance 59

Compliance Technology 59

Appraisers Blog

AUGUST 15, 2023

Having learned lessons from the past, now instead of flipping out foreclosure notices left and right, we get artificially propped up markets where the foreclosures are staggered, and never seen by regular citizens, because, like always, like before, the lending communities primary obligation is to investors, not borrowers. Your privacy?

Appraisal 57

Appraisal Banking Finance Marketability 57

ThomsonReuters

MARCH 4, 2021

SBC Notice Requirements. Q/A-11 elaborates on previous guidance allowing plans to enhance benefits for COVID-19 diagnosis or treatment or for telehealth services during the COVID-19 emergency without providing the minimum 60-day advance notice generally required for material modifications to the plan’s Summary of Benefits and Coverage.

Compliance 59

Compliance 59

Audit Board

OCTOBER 26, 2023

Regulatory fines and penalties: Cybersecurity insurance can help cover the costs of fines and penalties imposed by government regulators for violating data privacy laws or other regulations. Ransomware payments: If a business pays a ransom to regain control of its systems or data, cybersecurity insurance can help cover those costs.

Compliance 52

Compliance 52

Cooley M&A

JULY 19, 2019

While some may view this as the ICO simply continuing to flex its muscle (in light of news of a £183M (approximately $123M) British Airways fine a day earlier), the Marriott fine and others likely to follow could have significant implications on future M&A transactions involving cybersecurity and data privacy matters. They decided.

Compliance 52

Compliance B2B Start-ups Marketability 52

Reynolds Holding

SEPTEMBER 6, 2023

1] My primary reason for not supporting today’s order adopting a funding model is that we fail to grapple with the need to establish a realistic constraint on CAT costs—costs that come in the form of dollars, time, and lost financial privacy. Until we answer that question, I am not able to support a CAT funding model.

Marketability 40

Marketability Technology 40

Audit Board

JANUARY 11, 2023

IDC research has found that third-party risk is among the top considerations for organizational risk management, ranking just below internal IT security, data privacy, and operational risk (see Figure 1). For this reason, vendors must be continuously assessed across risk parameters.

Compliance 52

Compliance 52

IVSC

JANUARY 24, 2024

The SRB noticed that the previous order of IVS did not make sense as for instance Valuation Reporting was a middle chapter whereas reporting is the last thing that a valuer does. IVS would require the member organisations to work together to produce a translation in that language. Why have the standards been reordered?

Intangible Assets 279

Intangible Assets Compliance Marketability Banking 279

Brian DeChesare

AUGUST 2, 2023

If you send these emails to bankers in your networking/recruiting efforts, they will notice, and your chances of winning interviews and job offers will decrease. In ~99% of cases, I can tell within 1 second that these messages are AI-generated because tools like ChatGPT add useless words and awkward phrases that no human would ever use.

Banking 52

Banking Finance Start-ups Equity 52

Musings on Markets

NOVEMBER 15, 2022

If you are a privacy purist, and you find this unconscionable, it is worth noting that these users were not dragged on to a platform and forced to share their deeply personal thoughts and feelings, against their wishes. In short, Facebook uses what it has learnt about the people inhabiting its platform to focus advertising to them.

Start-ups 90

Start-ups Marketability Market Capitalization Technology 90

Reynolds Holding

APRIL 24, 2022

Notice that this might have instant repercussions once the implementing measures by the EU Member States come into force, because if the parent’s work-practices on labor rights amount to a violation of an underlying international convention (as is likely the case for U.S. And that is not all: Not only would a U.S.

Compliance 119

Compliance Marketability Technology 119

ThomsonReuters

JANUARY 9, 2024

It reached a tipping point last September when the IRS froze the processing of any new claims until further notice. “Can I feel confident in this where I’m going to get that audit selection notice and say I’m happy with these numbers,” Creech said. United States et. 5:23-cv-02450, 12/01/23).

Technology 98

Technology 98

Audit Board

JUNE 15, 2023

With the growth of technology and its omnipresent role in our lives, the potential for technology to expose our security and privacy increases in proportion. HIPAA notices go out with alarming frequency. The attack on the Colonial Pipeline forced east coast operations to shut down.

Technology 52

Technology Compliance Start-ups Finance 52

ThomsonReuters

MARCH 10, 2022

HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy (Mar. HHS has issued a notice providing additional guidance on federal civil rights protections and federal health privacy laws that apply to gender affirming care for transgender and gender nonconforming youth. Press Release.

52

52

Reynolds Holding

OCTOBER 19, 2022

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Legislative and Regulatory Definitions and Examples in the Privacy Context.

Marketability 45

Marketability 45

Reynolds Holding

AUGUST 21, 2022

The Commission brought its first internet privacy case 24 years ago against GeoCities, one of the most popular websites at the time.1 6 Evidence also suggests that the current configuration of commercial data practices do not actually reveal how much users value privacy or security.7

Marketability 53

Marketability Technology Compliance 53

M&A Leadership Council

AUGUST 3, 2023

along with the option to terminate early and/or to seek an extension by providing adequate notice to the seller. Data Privacy and Security Data privacy and security is a key enterprise concern nowadays. One option is to have a “base” duration (e.g. 3 months, 6 months, etc.)

Marketability 52

Marketability 52

M&A Leadership Council

JULY 22, 2023

along with the option to terminate early and/or to seek an extension by providing adequate notice to the seller. Data Privacy and Security Data privacy and security is a key enterprise concern nowadays. One option is to have a “base” duration (e.g. 3 months, 6 months, etc.)

Marketability 52

Marketability 52

ThomsonReuters

APRIL 6, 2023

If the qualifying event occurs after the end of the outbreak period, there is no extension, and the 60-day period is measured from the date the COBRA election notice is provided. Paying COBRA Premiums. 4 (“Special Enrollment Periods Required Under HIPAA”) and XXVI.E (“Timelines Under Group Health Plan Claims Procedures”).

52

52