New regulations implemented in Massachusetts requiring that companies encrypt documents sent over the Internet or saved on laptops or flash drives have been revised to make the process easier for small businesses. Under the regulations, wirelessly transmitted data must be protected and firewalls must be up to date. The revised regulations are risk-based in implementation, meaning that the administrative, technical, and physical safeguards necessary are based on several factors, such as the size, scope, and type of business; the resources available; the amount of data stored; and the need for security and confidentiality of the information. Businesses in the state must meet the new regulations by March 1, 2010.
A company is not liable for injuries sustained in a vehicle accident caused by one of its employees. The employee, though driving a company truck, was acting outside the scope of his employment when the accident occurred because the employee was traveling to meet his wife on a purely personal errand.
A state appeals court has ruled that a company’s noncompete agreement is unenforceable because it is overbroad. The court ruled that the company has “no protectable interest in public information” and “cannot deem by fiat all information…acquired through employment is confidential.”