Do business in Texas? New rules for data breach!

California enacted the most comprehensive data privacy laws in the US – it goes into effect on January 1, 2020 (see The California Consumer Privacy Act recent blog post). In the meantime, other states are following suit. If you do business with individuals or companies outside Minnesota, make sure you are keeping up to speed with these new laws! Texas has amended the laws that apply to data breaches, this change applies on January 1, 2020. What is a data breach? Well, it can be slightly different from state to state, which is part of the challenge. In Texas, the law concerns sensitive personal information, which is defined as 1) an individual’s first name or first initial and last name in..

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The California Consumer Privacy Act – Be Prepared

DOES IT APPLY TO YOU? Do you do business in California, or otherwise collect personal information from California residents? (Hint, if you operate a website, this likely applies to you). Note that the CCPA does not apply to non-profits. It has been a year since California passed the most comprehensive data privacy laws in the U.S., and those laws go into effect in January of 2020. Is your business ready for this??? Many have been waiting for amendments to pass, but as this hasn’t happened yet (and may not for many months) the time has come to make sure your business is in compliance. Even if it applies to you, the CCPA has some important exceptions, designed to keep small businesses exempt from what can..

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The 2019 Wage Theft Law – This Law Should Really Be Called the Employer Paperwork Creation And Administrator Blood Pressure Elevation Plus Wage Theft Act

Back in the good old days wage theft was best described as taking employee payroll and putting it on horse number 5 in the 7th race at Canterbury Park. Starting next month (July 1, 2019), wage theft has gotten a new expansive meaning. The 2019 Wage Theft Law is a greatly expanded approach to employment record keeping. Employers are required to provide lots of information to new employees, create lengthy payroll earning statements and maintain (and make available) additional employer records. The “wage theft” part of the law relates to the potential criminal penalties for an employer’s failure to comply. These criminal laws become effective in August 2019. The new provisions fall into some basic categories: Additional information Employers are required to provide employees..

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BGS Attorney Proud Volunteer at DSTA Food Drive Event

Saturday June 8th was a sunny day in Duluth, perfect for day two of the Duluth Superior Transportation Association’s 6th annual event “Fill-a-Truck, Feed a Family Food & Fund Drive”.   BGS is a member of the DSTA, and BGS attorney Carole Clark Isakson volunteered at the event with Halvor Lines’ Chief Strategy Officer Carl Svendsen. Two hours of greeting shoppers at the Miller Hill Super One Foods went by pleasantly as Carole and Carl collected food and cash donations for the local food bank. Carole’s husband Steve took a turn as well, joining in the effort. Other teams of volunteers worked over the three day event at 7 locations in and around the Duluth area. Overall the event raised approximately $10,000 for..

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Does Your Company’s Board have Cybersecurity Expertise?

“No”, you say, “they are great business people, and we have an IT department!”  That answer could cause you trouble. With all due deference to your IT department, it is quite possible that its expertise does not include the legal aspects of cybersecurity. It will no doubt ensure appropriate encryption and firewalls, but does it have the authority (or expertise) to advise you on data privacy laws and breach notification requirements? Can it develop compliant notices and work with your insurance company on any claims? It will know how to stop the breach (assuming it is an electronic one) but what then? Do not rely on your IT department to provide legal advice on cybersecurity. This is one of the many tasks that should be..

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