Business Startup

HIPAA Administrative Requirements and Best Practices

To follow up last week’s blog post about HIPAA’s Privacy Rule, we’ve boiled down some of the most important administrative requirements for maintaining compliance with HIPAA. Below is a non-exhaustive list of best practices for your business.

Carefully develop and implement policies and procedures regarding any protected health information (PHI) that are designed to comply with the Privacy Rule. If you’re not sure about your current policies or are in the process of developing new policies for your business, you should contact a qualified attorney to review your policies. Implement appropriate administrative, technical, and physical safeguards to protect the privacy of PHI. With the increasing reliance on electronic data storage and processing, it’s becoming more and more important to have a comprehensive...

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Business Startup

News Roundup 2012 Week 14: Crowdfunding, Privacy Policies, Regional News, etc.

JOBS Act – Securities Law

Obama Signs JOBS Act Yesterday Obama signed the JOBS Act into law. The President called the JOBS Act, “potential game changer” for small businesses. The JOBS Act eases federal regulation on the sales of securities, making it easier for companies to raise capital. Part of the JOBS Act is the CROWDFUND Act which enables companies to raise money by selling stock online.

Privacy Policies & Mobile Technology

Phone Companies Cashing in on Tracking Capabilities According to a New York Times article this week, cell phone companies are profiting from the sales of tracking data to law enforcement agencies. While warrants are required for phone taps, and data logs, police have been able to acquire tracking data without warrants. When AT&T...

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Business Startup

News Roundup 2012 Week Four: Apple, Executive Compensation, Online Privacy, Venture Capital

Apple in the News

Apple has huge quarter; launches revolutionary textbook platform; includes draconian terms in book publishers’ end user license agreement

Lots of Apple news this week. The technology giant posted its best quarter ever with revenues of $46.3 billion per quarter and a $13.87 net profit per share. The company sold 37 million iPhones and over 15 million iPads.

Apple also had exciting news about launching a new platform for textbooks. Apple has partnered with text book producers such as McGraw-Hill to make interactive textbooks for iPads. Textbooks in this format will be cheaper, easier to update, more environmentally friendly, and more portable. The interactivity and format will surely be a better and more exciting platform for those trying to learn...

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Business Startup

Social Media Legal Issues: (Post Number 3): Privacy Law, Privacy Policies, and Your Company’s Social Media Strategy

Privacy law is important for the vast majority of business owners and managers to understand, particularly those whose businesses operate online and employ social media as a marketing tool. Privacy law is not one of the areas of law we consider “overhyped,” as running afoul of privacy laws can be exceptionally costly to your business. Accordingly, your social media strategy, including your company’s social media policy, should be created with privacy law in mind.

Unfortunately, “privacy law” is also an incredibly broad subject that cannot be given due treatment within the confines of anything less than a legal treatise. Nevertheless, keeping the answers to the following questions in mind as you define your social media strategy (and your online strategy generally)...

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Business Startup

Privacy Policies in the U.S.

A privacy policy discloses some or all of the ways a company gathers, uses, discloses and manages customer data. Businesses that collect personal information from customers should adopt a comprehensive privacy policy in order to maintain full disclosure.

There is currently no specific federal regulation establishing universal implementation of privacy policies in the United States (U.S.). However, the Federal Trade Commission (FTC) enforces terms of privacy policies under Section 5 of the FTC Act which prohibits unfair or deceptive marketing practices. The FTC’s Fair Information Practice Practices provide details relating to critical issues that should be covered by a company’s privacy policy, including notice, choice, access, security, and enforcement.

Notice: data collectors must disclose their information practices before collecting personal information from...

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