|
Protecting Consumer Data in the Payments Ecosystem: Privacy, Security, and Enforcement Risk for Banks, Processors, and Merchants
Presented by:
Roshni Patel, Counsel at Troutman Pepper Locke
Dustin Taylor, Counsel at Troutman Pepper Locke
Banks, third-party payment processors, and their merchants all handle sensitive consumer data, and all are expected to have written privacy and data security programs to protect it. Regulators and plaintiffs are paying close attention. In this session, we will walk through the legal and enforcement landscape for the payments space.
We will cover:
- Core privacy and security obligations for financial institutions and their service providers, including GLBA Privacy and Safeguards requirements, applicable state privacy and data security laws, and PCI DSS obligations, and how these obligations flow down to processors and merchants.
- Third-party due diligence and oversight. Sponsor banks are responsible for confirming that the processors they onboard are protecting consumer data. We will cover what proof of security controls to request during customer due diligence, and what to monitor on an ongoing basis.
- Enforcement and litigation trends. We will review recent regulatory enforcement actions and private litigation involving banks, processors, and merchants, including the consequences of those actions and the lessons learned. The topics include data breach and incident response, as well as emerging claims tied to online tracking technologies.
- Practical takeaways. We’ll walk through a checklist for building or refreshing a written privacy and data security program, and questions to ask of banks, processors, and merchants.
Attendees will leave with a clearer view of their obligations and the steps they can take now to reduce regulatory and litigation exposure.
|