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On March 12, 2019, the European Data Protection Board (EDPB) published an opinion defining the GDPR’s scope of application and providing an interpretation on data protection authorities’ competences, tasks and powers. The Belgian Data Protection Authority (DPA) requested the EDPB to examine and issue an opinion on the interplay between the ePrivacy Directive (2002/58/EC) and […]

Topic: Lawyers’ Obligations After an Electronic Data Breach or Cyberattack   “Model Rule 1.4 requires lawyers to keep clients “reasonably informed” about the status of a matter and to explain matters “to the extent reasonably necessary to permit a client to make an informed decision regarding the representation.” Model Rules 1.1, 1.6, 5.1 and 5.3, […]

    On October 17, 20180 the American Bar Association issued ABA formal opinion 483 addressing attorneys’ ethical obligations after a data breach that involves information relating to the representation of a client. According to the Opinion, compliance with the obligations imposed by the Model Rules of Professional Conduct depends on the nature of the […]

  On April 27, 2017, the Nebraska Supreme Court ordered the suspension of an attorney from the practice of law for a period of 90 days followed by 1 year’s monitored probation. The Counsel for Discipline of the Nebraska Supreme Court filed formal charges against the attorney. According to the charges, the attorney had taken […]

  Committee on Professional Ethics Topic: “A lawyer’s ethical duty of technological competence with respect to the duty to protect a client’s confidential information from cybersecurity risk and handling e-discovery when representing clients in a litigation or government investigation”   From the digest: A lawyer’s ethical duty of competence extends to the manner in which […]

In November 2016, the DC Bar Legal Ethics Committee issued Ethics Opinion 370 (Social Media I) and 371 (Social Media II), which address the use of social media by lawyers for marketing and personal use and for providing legal services. The two opinions aim at increasing awareness of the ethical issues generating from the increasing use […]

Opinion No. 371 of the District of Columbia Bar’s Legal Ethics Committee   Topic: Social Media II, Use of Social Media in Providing Legal Services   Conclusion of the Committee: “Social media, like other technology applicable to the practice of law, will continue to change. The principles explained in this Opinion should be applied to […]

Opinion No. 370 of the District of Columbia Bar’s Legal Ethics Committee   Topic: Social Media I, Marketing and Personal Use   Conclusion of the Committee: “Social media is a constantly changing area of technology. Social media can be an effective tool for providing information to the public, for networking and for communications. However, using […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]