Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Privacy & Security

Arent Fox is on the cutting edge of cybersecurity and data protection laws and has experience assisting clients with all aspects of privacy, cybersecurity, and data protection. Our group serves clients in regulated spaces such as health care and telecommunications and sophisticated industries including retail, gaming and entertainment, and media.

Arent Fox’s interdisciplinary team of cybersecurity and data protection attorneys handle the full scope of data security and protection issues. We regularly advise clients on how to protect their data at every stage, from advice and counseling to investigations, incident planning and response, litigation, and even securing insurance policies to mitigate risks and liabilities. We work with companies to develop internal security and governance programs; advise businesses on the collection of data in retail locations as well as in online including via social media marketing and e-commerce platforms; and conduct internal investigations in response to critical data breaches. We also work with companies to implement privacy and data security protection by using IT agreements to control data access by their employees, reconfiguring data security when moving IT operations to the cloud, and protecting against cyber risks that can arise from third party IT vendors.

We routinely advise on the biggest trends in privacy and data security such as: handling ransomware incidents; cyber threat and new technology systems; NIST, ISO, PCI-DSS, and other security standards; payment security and mobile payment trends; aggregate and anonymized data collection in advertising; FTC guidance and enforcement; the Internet of Things; cross-border data transfer issues; the EU General Data Protection Regulation (GDPR); health information privacy, security, and breach notification; as well as federal- and state-level regulatory compliance.


Judge Orders FTC to Disclose Data Security Standards

What Made News?

The Federal Trade Commission’s (FTC) chief administrative law judge ruled recently that the agency must disclose the internal standards it uses to determine whether a company maintains adequate data security. The ruling is part of ongoing litigation between the FTC and a company called LabMD, which, according to the FTC, failed to maintain proper security for consumer data. The ruling could make it easier for companies that collect and manage consumer data to audit their data security practices and ensure compliance with FTC standards.


Urban Outfitters Faces Another Lawsuit for Collecting Customer ZIP Codes

What Made News?

Urban Outfitters is facing yet another putative class action lawsuit over its practice of collecting customers’ ZIP codes in connection with credit card purchases at its retail locations. Last June, Urban Outfitters faced a similar suit regarding this practice in its Urban Outfitters and Anthropologie stores. This time, Free People, an Urban Outfitters subsidiary, is the subject of the suit.


FTC Approves New COPPA Safe Harbor Program

The Federal Trade Commission (FTC) has recently approved the kidSAFE Seal Program’s kidSAFE+ seal as a safe harbor program through which companies can demonstrate compliance with the Children’s Online Privacy Protection Act (COPPA) Rule.


Youthful Indiscretions? California Offers Minors a Clean Slate

Already one of the strictest states in the country when it comes to protecting online privacy, California recently passed another law that may require website operators to change their privacy policies. The new law would essentially be an insurance policy against youthful bad judgment, allowing minors to erase those embarrassing public comments or internet posts that could make for awkward conversation with a future admissions officer or employer.


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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.