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Maybe it starts with “Did you hear …” whispers in the breakroom. Or perhaps it escalates as employees huddle over their smartphones, eager to check if the rumors are true — that one of their co-workers has a page on an online adult entertainment platform like OnlyFans. Regardless of how it starts, situations involving an employee’s voluntary online exposure rarely end well and can bring legal exposure for the employer. Besides dealing with the disruptive effect in the workplace, employers and HR professionals risk damage to a company’s reputation and being caught between a rock and a hard place: if you discipline the female employee with the OnlyFans side gig but not the male co-workers who discovered and shared it, you may be accused of engaging in disparate treatment, retaliation, or even of condoning sexual harassment and a hostile work environment. As sites like OnlyFans have exploded in popularity during the COVID-19 pandemic, one side effect has been the creation of a minefield for employers, HR professionals, and lawyers to navigate.
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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
By David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
New York’s Latest Cybersecurity Commitment
By Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
By Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
By Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.
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