Security The Recent Facebook Breach Shouldn’t Lead to GDPR Fines Facebook is reportedly facing a fine of up to $1.6B [https://www.cnbc.com/2018/10/04/facebook-data-breach-top-eu-regulator-officially-opens-investigation.html] for last month’s hack of ~50M Facebook accounts (~4M belong to Europeans). My view is that any fine would be a bad idea. Incentives Matter: Data breach fines should
Security Did Google violate its security obligations by retaining just two weeks of logging data? Here’s the background in case you missed it: Google+ had a vulnerability which made it possible for third parties to access, via the Google+ API, private Google+ user data between 2015 and March 2018. Google found no evidence that this bug was ever exploited, although it only had two
Privacy When circumstances change, update your advice (location-based data edition) Part of your job as product counsel is to monitor changing perceptions of privacy practices. When those perceptions have changed, you should re-do your legal analysis to ensure it’s still valid.
Contracts How to Make Your App Store TOS (More) Enforceable Your TOS link must be “clear and conspicuous.” Your TOS link needs to be "clear and conspicuous" for it to be binding. “Clear and conspicuous” depends on typography, visual clutter, placement, and language—that is, the factors you’d expect if you’ve spent time with the various
