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Top Ten IT Legal Issues for the Enterprise
Brad Frazer [email protected]
208.388.4875@bfrazjd
INTERFACE BoiseSeptember 5, 2013
Introduction
• Legal and IT Inextricably Combined• Issue Spotting Guide• Key Take-Aways (“KTAs”) on each
slide• Objective: to help you have
defenses when your company get sued
BYOD/Mobility
• Threats: Increased opportunities for mischief. Examples: warranties, contract terms, SoMe
• KTA: Top-down employee control via HR, IT and Legal
Privacy
• Threats: Disclosure of PII• Caveats: HIPAA, GLB, COPPA• KTA: Know relevant regulatory
environment; implement and follow policies
Big Data and Data Ownership
• Threats: Who owns the data?• Why do you care? $$$$$• KTA: Clear policies regarding data
ownership; ties in to Privacy Policy
Social Media Policies
• Threats: Defamation, trademark infringement, copyright infringement
• KTA: DNMYWGS, but creates a defense
Cloud/SAAS Versus Traditional Licensing
• Threats: Not knowing what you have creates operational, merger, exit difficulties
• KTA: Is it a license or a subscription agreement? They are different!
Document Retention/Destruction
• Threats: Litigation!• KTA: Think of it as a document
destruction policy and follow it scrupulously!
The Idaho Cloud Services Clarification Act
• Threats: Sales and Use Taxes on Cloud-based Services
• KTA: New legislation defines cloud services as “not software”
Data Backup and Security
• Threats: Regulatory violations; litigation
• KTA: Don’t promise what you cannot deliver (contracts, SLAs)
In-Bound Enterprise Licensing
• Threats: “It doesn’t work!” OR, Audit letter from, e.g., BSA
• KTA: (1) Deliverables-based payments; (2) stop the click-wrap madness; (3) license awareness!
Data Breach
• Threats: Regulatory smack-down (states vary)
• KTA: Know your regulatory environment and comply religiously; employee policies regarding hacking
Bonus Topic!New gTLDs
• Threat: You are Nike, and you do not own Nike.shoes
• KTA: Trademark Clearinghouse and Sunrise Periods
Conclusion
All of these are legal exposures and issues for the enterprise, and at some point, IT is implicated.
