yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr's Privacy and Data Security Group, and Practice Leader of the firm's E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation's Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

Earlier this month, the Federal Trade Commission (FTC) announced a $10 million settlement with the online learning company ABCmouse for allegedly violating the FTC Act as well as the Restore Online Shoppers’ Confidence Act (ROSCA). The FTC Act prohibits unfair or deceptive acts or practices in or affective commerce. ROSCA makes it illegal to automatically

With the rise of the digital world, many estate planning clients have accumulated large collections of “digital assets” that are stored online. In its simplest form, a “digital asset” is a non-physical asset that exists online in electronic format. Most clients preserve digital assets either for their sentimental value or their financial value. Examples of

On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”).  While most of the changes are non-substantive, the OAL withdrew certain provisions of the Regulations and resubmitted them to the Attorney General’s Office for further review.  Approved sections

On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US), the EU-US Privacy Shield Framework (Privacy Shield), has been invalidated. The Court reasoned that when transferring

In light of COVID-19, many organizations are taking advantage of free video conferencing capabilities offered by Zoom. Almost overnight, Zoom has become one of the most popular video conferencing services among businesses and schools. Daily Zoom users have skyrocketed from 10 million users in December 2019 to 200 million users in March 2020. 
Continue Reading Increased Use of Zoom Raises Privacy and Security Concerns

Businesses subject to the California Consumer Privacy Act (“CCPA”) that have begun exploring the possibility of collecting data from visitors to their facilities to track potential coronavirus exposure and to allow/deny entry must take into consideration the fact that, by doing so, they would almost certainly be collecting data that would constitute personal information under

The successful management of COVID-19 relies on the quick analysis and collection of health data, which can raise privacy issues particularly in the European Union.  In order to help data controllers manage their COVID-19 response plans under the General Data Protection Regulation (GDPR) and other EU privacy laws, the European Data Protection Board (EDPB) released a statement discussing how governments and companies can process personal data in response to COVID-19.
Continue Reading EDPB Clarifies Privacy Rules for COVID-19