Tampa partner Ella Shenhav and Orlando attorney B. Travis Brown authored an article in the Orlando Business Journal, discussing a recent amendment to federal data protection laws which could mean heightened requirements for some businesses.
In their recent article, “Federal data protection law amendment might apply to you – and requires quick action,” Ella and Travis explain that businesses that help customers get matched with lenders to fund the purchase of goods and services may be considered financial intuitions under the amendment, and would therefore be subject to new requirements under the Gramm-Leach-Bliley Act (GLBA). The GLBA amendment will take effect on December 9, 2022, changing the definition of financial institutions to include “finders,” or those that bring together buyers and financers of a product or service.
“Therefore, companies offering third-party financing — such as car dealerships, furniture stores, jewelry stores and the like — should pay close attention to their new privacy and data protection obligations under the GLBA,” say Ella and Travis.
According to the article, new obligations under the amended safeguards include qualified individual appointment, criteria for risk assessments, additional criteria for implementing safeguards, information system monitoring and penetration testing, as well as other training, assessment and response planning requirements.
About Ella A. Shenhav
Ella Shenhav is a partner in the Tampa office of Shutts & Bowen LLP, where she is a member of the Business Litigation Practice Group and the firm's Pro Bono Committee. She is a Certified Information Privacy Professional (CIPP/US), accredited by the International Association of Privacy Professionals (IAPP). Ella focuses her practice on complex commercial litigation and on privacy and data protection. She has represented large and small businesses, financial institutions, employers, entrepreneurs and other individuals in successfully resolving, among other matters: business torts; privacy and data protection compliance and litigation matters; contract disputes; employment and non-compete disputes; creditors’ rights; securities litigation; real estate-related litigation; shareholder disputes; and claims of unfair and deceptive trade practices.
About B. Travis Brown
Travis Brown is a Senior Associate in the Orlando office of Shutts & Bowen LLP, where he is a member of the Business Litigation Practice Group. Travis’ practice is primarily focused on complex civil litigation matters, with an emphasis on disputes and investigations related to consumer protection, policy and government regulatory concerns. Travis combines his advocacy and regulatory experience to best represent his clients throughout a broad range of business and industry sectors, including technology, hospitality, telecommunications, financial services and automotive. Travis is substantially experienced in the areas of: Government investigations and regulation; Advertising and marketing compliance; Data privacy and security, and; Other unfair trade practice issues. Ever mindful of federal and state laws governing emerging technology and administrative procedure, Travis has also handled matters related to internet and social media advertising, search advertising, Section 230, HIPAA, state data breach laws, CCPA, GDPR and various regulations in the insurance, legal, tax relief and banking industries.