The OMB has issued memorandum M-22-18 with new security requirements (the "Rules") requiring federal agencies to ensure that all third-party software they use complies with secure software development standards and guidance...more
On August 24, 2022, California Attorney General Rob Bonta announced his office's first privacy enforcement action and settlement against a publicly disclosed entity, Sephora, Inc., for violations of the CCPA, including the...more
The Federal Trade Commission announced on August 11, 2022, that it is seeking public comment regarding its Advanced Notice of Proposed Rulemaking on commercial surveillance and data security.
The Federal Trade Commission...more
In Short -
The Situation: China released new regulations and guidelines to clarify the procedural requirements companies must satisfy for the cross-border transfer of personal information under the Personal Information...more
On July 8, the CPPA officially began the formal rulemaking process for new privacy regulations—many of which operationalize new CPRA requirements. With the publication of the Notice of Proposed Rulemaking, the 45-day initial...more
The U.S. Department of Justice will decline to prosecute cyber intrusions based solely on exceeding contractual authorization or which occur pursuant to "good-faith security research."
On May 19, 2022, the Department of...more
On May 10, 2022, Connecticut, following Utah, California, Virginia, and Colorado, became the fifth state to adopt a comprehensive consumer data privacy law.
On May 10, 2022, Connecticut Governor Ned Lamot signed "An Act...more
On March 24, 2022, Utah followed California, Virginia, and Colorado in adopting a comprehensive consumer data privacy law.
On March 24, 2022, Utah Governor Spencer Cox signed the Consumer Privacy Act ("Act"), making Utah...more
4/7/2022
/ Cybersecurity ,
Data Breach ,
Data Controller ,
Data Processors ,
Data Protection ,
Data Security ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Reform ,
State Data Privacy Laws
On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the "Act"), creating new requirements for organizations operating in critical infrastructure sectors to...more
3/18/2022
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Data Security ,
New Legislation ,
Popular ,
Regulatory Reform ,
Reporting Requirements
As part of the SEC's broader rulemaking initiative, on March 9, 2022, the SEC proposed amendments to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by...more
3/14/2022
/ Corporate Governance ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Foreign Private Issuers ,
Form 10-K ,
Form 10-Q ,
Form 8-K ,
Proposed Amendments ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more
11/10/2021
/ China ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements
Regulations will mandate more robust customer identity verification procedures and special measures to combat malicious cyber activities.
On September 24, 2021, the Department of Commerce ("Commerce") published an Advance...more
The U.S. Department of Justice announces an initiative targeting cybersecurity-related fraud by government contractors and grant recipients.
On October 6, 2021, the U.S. Department of Justice ("DOJ") announced a new Civil...more
The U.S. Treasury Department has issued an updated ransomware advisory that highlights sanctions risks associated with ransomware payments and details proactive steps companies can take to mitigate these risks....more
The California Attorney General ("AG") has issued guidance reminding health care providers of their duty to report health care data breaches and to comply with other state and federal data privacy laws....more
9/15/2021
/ Cyber Attacks ,
Data Breach ,
Data Protection ,
Electronic Medical Records ,
Health Care Providers ,
HIPAA Breach ,
Information Technology ,
Network Security ,
New Guidance ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management
The PIPL imposes extensive obligations on organizations and individuals engaged in "handling" of personal information, which is defined to include "collection, storage, use, processing, transmission, provision, disclosure,...more
9/10/2021
/ China ,
Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Regulatory Reform ,
Regulatory Requirements
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
8/27/2021
/ China ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Foreign Official ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
President Biden Issues Cybersecurity Executive Order -
On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
8/10/2021
/ Article III ,
Biden Administration ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Personal Data ,
Popular ,
Ransomware ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
Connecticut has become the third state to enact a cybersecurity safe harbor statute.
On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more
7/12/2021
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
New Legislation ,
Notice Requirements ,
Popular ,
Regulatory Reform ,
Safe Harbors ,
State and Local Government ,
State Data Breach Notification Statutes
Introduction Colorado has joined California and Virginia as the third state with a comprehensive data privacy law. On July 7, 2021, Colorado Governor Polis signed the Act into law, following the Colorado Senate's passage of...more
7/8/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Controller ,
Data Management ,
Data Privacy ,
Data Processors ,
Data Protection ,
Information Governance ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Standards ,
State and Local Government
On June 30, 2021, the New York Department of Financial Services ("NYDFS") identified key cybersecurity measures to prevent and prepare for ransomware attacks. ...more
7/8/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Multi-Factor Authentication ,
New Guidance ,
NYDFS ,
Phishing Scams ,
Ransomware ,
Risk Mitigation
On June 10, 2021, the Standing Committee of the 13th National People's Congress passed the long awaited People's Republic of China (China) Data Security Law ("DSL") after a final read of the third draft. The DSL, which takes...more
6/21/2021
/ China ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Processing Rules ,
Data Processors ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
National Security ,
New Legislation ,
Regulatory Reform
President Biden's Executive Order calls for an extensive reassessment and revamping of the federal government's cybersecurity defenses and incident response capabilities, establishing benchmarks that may inform standards...more
The Biden Administration's Executive Order directs the Department of Commerce and the Federal Trade Commission to establish pilot programs to develop product labels that inform consumers about the cybersecurity capacities of...more
China recently released new drafts of its Data Security Law and its Personal Information Protection Law for public comment; when finalized the two laws will impose significant obligations on how companies collect, process,...more