Recent news of “Collection 1”, a cache of sensitive data now appearing for sale on the dark web and comprised of an astonishing 773 million records, is a grim reminder of the scope of cyber perils for most.  Last year’s staggering tally of serious data breaches and theft coupled with a spate of new legislation for companies gathering, hosting and selling consumer data means policyholders must rise to the challenge.  New state legislation compounds an already daunting federal and international regulatory landscape, and regulatory compliance will be a must to deal with the attendant fines, penalties and consumer claims that non-compliance can trigger.  New technology also continues to drive the evolving conversation about the legal relationships between parties transacting business electronically.  Risks range from anonymity that raises jurisdictional and collection issues to “immutable” record keeping that creates a permanent, public record of transactions. –Anderson Kill

 

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