January Hotel and Restaurant Legal Safety and Security Operator Newsletter





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January 2010 • Vol IV, Issue 5

In this Issue:


The New Massachusetts Privacy Law: The First Law You May Violate in 2010
by Chris Zoladz, Navigate LLC

After several delays and clarifications, on March 1, 2010 Massachusetts General Law Chapter 93H and the accompanying regulation, goes into effect and will place unprecedented information security requirements on many companies that own, license, store or maintain paper or electronic personal information concerning any Massachusetts resident.

Unlike the current data breach laws, which are focused on actions that need to be taken after there is a data breach, this law includes numerous prescriptive proactive measures intended to protect personal information of residents of Massachusetts from breaches.

More specifically, as stated in the regulation, “this regulation establishes minimum standards to be met in connection with the safeguarding of personal information contained in both paper and electronic records. The objectives of this regulation are to insure the security and confidentiality of customer information in a manner fully consistent with industry standards; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of such information that may result in substantial harm or inconvenience to any consumer.”

Read more


EEOC Charges Reach Second Highest Level In 20 Years
by Brad Adler, Attorney with Freeman Mathis & Gary, LLP
Member of the Global Alliance of Hospitality Attorneys

The Equal Employment Opportunity Commission (EEOC) released its 2009 fiscal year performance and accountability report, and the numbers continue to reflect that employment issues are a major liability concern for employers.

It should be emphasized that Aletha Brown, EEOC's Inspector General, warned that the number of charges likely will increase significantly in 2010, as the EEOC begins enforcing the Genetic Information Nondiscrimination Act as well as the expanded ADA.

Read more

Click here for a sample "Statement to be Read to Employee Prior to Interview/Investigation" Form, provided by Brad Adler.


What's New at HospitalityLawyer.com!

We are excited to announce hotel and restaurant law, safety, and security webinars.

Visit our on-demand library to find the following legal, safety, and security webinars.

  • Avoid Becoming the Next Headline - How to avoid a data breach?, presented by Chris Zoladz
  • Your Company Just Experienced a Data Breach - Now What?, presented by Chris Zoladz

The HospitalityLawyer.com Solutions Store offers the following forms:

  • Compliance with PCI DSS Business Process Requirements Food & Beverage At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Accounting/PCI Business Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Front Desk Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Sales & Marketing Champion At-a-Glance
  • Job Tasks PCI At a Glance
  • Tips to Reduce the Scope of your PCI Compliance Effort
  • Information Protection & Privacy Compliance for U.S. Sales & Marketing – A General Counsel’s Checklist Information Protection & Privacy Checklist for Reviewing Third Party Service Providers
  • Information Protection & Privacy Compliance for U.S. Sales & Marketing – A General Counsel’s Checklist

Looking for more information on Data Privacy & PCI Compliance? Read our December PCI Newsletter.


The 2010 Hospitality Law Conference - Focusing on Worldwide Legal, Safety, & Security Solutions
February 3-5, 2010
Omni Hotel in Houston, Texas

Register Now!

Don't miss the only conference devoted exclusively to legal, safety and security issues impacting the hotel, restaurant, and travel industries. Click here for the complete agenda.

David Denney, with the Law Offices of David T. Denney, P.C., has said, "The information presented and relationships developed at the conference benefit my practice all year long.  I make a special effort to attend each year to refill my bank of resources and renew my contact with other industry professionals."

The conference features a dedicated Information Protection and Privacy, including Payment Card Industry Data Security Standards, Workshop:

Attendees will also be interested in the “Information Protection & Privacy: The New High Stakes Game” and the “Critical Issues in Payment Card/Merchant Relations” general sessions on Thursday, February 4.

Attend the Wine Tasting & Product Showcase on Thursday, February 4, and enter for a chance to win $1000.00. Stay until the end of the conference and enter a drawing for a chance to win $500.00.


Email Diana Singson topics you would like to know about!

HospitalityLawyer.com
P.O. Box 22888
Houston, Texas 77227
HospitalityLawyer@HospitalityLawyer.com

Copyright 2000 - 2008. All Rights Reserved. HL.com, Inc.

For permission to reproduce any portion of this newsletter, please email Diana Singson. The ideas, opinions, recommendations, and interpretations presented herein are those of the authors.  Publication of any article or statement is not to be deemed an endorsement of the views expressed therein, nor shall publication of any Product Showcase be considered an endorsement of the product or service involved. The information contained in this newsletter are subject to our Terms and Conditions