Actions in the last six months of the Brazilian National Data Protection Authority (“ANPD”) suggest that it intends to aggressively enforce the Brazilian Data Protection Law (“LGPD”). The LGPD applies to any entity that...more
9/23/2024
/ Brazil ,
Consumer Privacy Rights ,
Data Breach ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Sensitive Personal Information
The Federal Trade Commission ("FTC") intends to "strengthen and modernize" the Health Breach Notification Rule with revamped and increased scrutiny on entities holding health information, including health apps, websites, and...more
The Department of Health and Human Services ("HHS") has released voluntary cybersecurity performance goals for the health care and public health sectors, which outline an increasingly standardized regulatory approach and...more
2/19/2024
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Healthcare ,
Popular ,
Proposed Regulation ,
Public Health
The U.S. Department of Health and Human Services ("HHS") Office of Civil Rights ("OCR") has entered into its first settlement of potential Health Insurance Portability and Accountability Act ("HIPAA") violations arising out...more
12/6/2023
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Violations ,
Hospitals ,
Life Sciences ,
OCR ,
Ransomware
In Short -
The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...more
8/15/2023
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Discovery ,
Enforcement Actions ,
Evidence ,
Fourth Amendment ,
Government Investigations ,
Hackers ,
Material Nonpublic Information ,
Personally Identifiable Information ,
Securities and Exchange Commission (SEC) ,
Subpoenas
Asserting that the company misstated the scope of data stolen in the cyberattack, the SEC provides a clear reminder that cybersecurity disclosures remain an agency priority....more
Note From the Editors -
We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, our lawyers take an in-depth look at...more
The Federal Trade Commission ("FTC") has brought its first enforcement action for violations of the Health Breach Notification Rule ("HBNR"), signaling heightened federal agency scrutiny of digital health platforms,...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
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
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
United States -
Regulatory—Policy, Best Practices, and Standard -
NIST Unveils Draft Guidance to Protect Critical Infrastructure -
On October 22, 2020, the National Institute of Standards and Technology ("NIST")...more
1/8/2021
/ CNIL ,
Consumer Privacy Rights ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
NIST ,
Personal Data ,
Popular ,
Risk Management
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Revision to Security Standard -
On September 23, the National Institute of Standards and Technology ("NIST") released Revision 5 to...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
As the legislative session came to a close last week, the California Legislature passed five bills that amend the California Consumer Privacy Act ("CCPA"). Here are the five bills that are now headed to the governor for...more
9/24/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
The Development: On July 8, 2019, Brazil enacted Law No. 13,853/19 outlining the final version of its General Data Protection Law.
The Purpose: The final bill introduces some important changes to the regulations...more
On July 25, 2019, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act ("SHIELD Act") amending New York's data breach notification law. This adds to the growing list of states...more
The Situation: On May 24, 2019, the Department of Health and Human Services ("HHS") issued a new fact sheet clarifying business associates' direct liability for violations of the Health Insurance Portability and...more
The Situation: In the wake of the Equifax data breach, Massachusetts has amended its data breach law.
The Result: Companies reporting security breaches under the amended data breach law must provide additional information...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more
10/24/2018
/ Argentina ,
Asia ,
Australia ,
Belgium ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Chile ,
China ,
Colombia ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hong Kong ,
IRS ,
Italy ,
Japan ,
Mexico ,
Netherlands ,
NIST ,
Paraguay ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Singapore ,
Spain ,
TCPA ,
UK
The Situation: Even before the General Data Protection Regulation ("GDPR") became effective on May 25, there has been a noticeable trend in the enforcement of security obligations through increased sanctions.
The...more
7/6/2018
/ CNIL ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
E-Commerce ,
France ,
General Data Protection Regulation (GDPR) ,
Popular