On April 14, 2021, the Department of Labor (DOL) issued its first set of guidance documents related to the cybersecurity of retirement benefit plans covered by the Employee Retirement Income Security Act (ERISA). The...more
On April 21, 2021, the European Commission (Commission) published its draft Regulation on Artificial Intelligence (AI). It follows the strategies outlined in the February 2020 Commission’s White Paper on AI. The draft...more
5/3/2021
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Commission ,
Popular ,
Proposed Regulation ,
Registration Requirement ,
Transparency
The U.S. Food and Drug Administration (FDA) announced that the newly-created post of Acting Director of Medical Device Security has been filled by Kevin Fu, a University of Michigan associate professor and founder of the...more
On Tuesday, November 17, the Senate passed H.R. 1668, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020, by unanimous consent. The bill, which previously passed the House of Representatives in September after...more
Voters in Massachusetts overwhelmingly approved a ballot initiative that gives independent mechanics greater access to vehicle data, a move that vehicle manufacturers have foreshadowed could have significant cyber and privacy...more
11/18/2020
/ Auto Repair Regulations ,
Automotive Industry ,
Ballot Measures ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Motor Vehicles ,
Popular ,
Right to Repair ,
Telematics
The newly passed Proposition 24, the California Privacy Rights Act (CPRA), represents the second time in two years that California has instituted a comprehensive privacy statute that fundamentally changes data privacy...more
- In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC.
- In contrast to an...more
9/21/2020
/ Best Practices ,
Capital One ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Forensic Examination ,
Motion to Compel ,
Multidistrict Litigation ,
Popular ,
Privileged Communication ,
Privileged Documents ,
Work-Product Doctrine
- The OCIE of the SEC highlights that responses to COVID-19 present important regulatory and compliance issues for SEC registrants, including “heightened risks of misconduct” tied to recent market volatility.
- The Risk...more
8/21/2020
/ Asset Management ,
Broker-Dealer ,
Business Continuity Plans ,
Business Operations ,
Compliance ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Fees ,
Financial Transactions ,
Investment Adviser ,
Investment Fraud ,
Investment Management ,
Investors ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Remote Working ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision
Massachusetts Attorney General (AG) Maura Healey announced the creation of a Data Privacy and Security Division, focusing on protecting consumers from privacy and security breaches and threats. AG Healey named Sara Cable as...more
8/20/2020
/ Consumer Privacy Rights ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Equal Access ,
Internet ,
Personal Data ,
Popular ,
Privacy Laws ,
State Attorneys General
On March 5, 2020, Gov. Phil Scott (VT-R) signed into law amendments to the Security Breach Notice Act (the “Act”). The amendments, which originated in the State Senate as part of an initiative addressing a number of data...more
8/10/2020
/ Amended Legislation ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Governor Scott ,
New Guidance ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
State Attorneys General
- In the age of broad corporate teleworking brought on by COVID-19, OCIE of the SEC has observed during recent examinations that investment advisers, broker-dealers and investment companies are subject to an increased threat...more
7/16/2020
/ Broker-Dealer ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Financial Services Industry ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Incident Response Plans ,
Investment Management ,
Malware ,
OCIE ,
Popular ,
Ransomware ,
Risk Alert ,
Securities and Exchange Commission (SEC)
Cybersecurity and Privacy -
Despite cries from corporations and privacy advocates across America for a unified federal privacy law, the nation’s toughest privacy law—the California Consumer Privacy Act (CCPA)—went into...more
3/6/2020
/ Board of Directors ,
California Consumer Privacy Act (CCPA) ,
Corporate Governance ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Internal Controls ,
New Regulations ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Wire Fraud
With the expansion of privacy legislation—from the General Data Protection Regulation (GDPR) in Europe to the coming California Consumer Privacy Act (CCPA) in the United States—cyber liability insurance is taking on increased...more
11/4/2019
/ California Consumer Privacy Act (CCPA) ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Incident Response Plans ,
Insurance Contracts ,
Insurance Litigation ,
Liability Insurance ,
Litigation Fees & Costs ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Risk Mitigation ,
Third-Party Liability
Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more
8/6/2019
/ Cookies ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Authority ,
Data Protection Impact Assessments (DPIAs) ,
Data Subjects Rights ,
Data Use Policies ,
Electronic Communications ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Marketing ,
Notice Requirements ,
Online Advertisements ,
Personal Data ,
Popular
• New York recently enacted the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which expands data breach notification requirements and imposes new data security obligations on businesses that own, license or,...more
8/5/2019
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Governor Cuomo ,
HIPAA Breach ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
SHIELD Act ,
State Data Breach Notification Statutes
In a set of recent settlements, the Federal Trade Commission (the FTC or Commission) resolved charges against two companies, ClixSense and D-Link, for failing to provide reasonable security and to live up to their data...more
7/23/2019
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hackers ,
Information Security ,
Misrepresentation ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Section 5 ,
Settlement Agreements
A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more
5/31/2019
/ Consent ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Data Subjects Rights ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Popular ,
Regulatory Oversight ,
Regulatory Standards ,
Telemarketing
• The SEC released a Risk Alert summarizing key areas in which it continues to see compliance deficiencies related to Regulation S-P, the primary SEC rule regarding privacy notices and safeguard policies of investment...more
4/29/2019
/ Broker-Dealer ,
Customer Information ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Training ,
Incident Response Plans ,
Investment Adviser ,
Notice Requirements ,
OCIE ,
Opt-Outs ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Privacy Policy ,
Regulation S-P ,
Risk Alert ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
Vendors
• Non-profit organizations are testing companies’ GDPR compliance through targeted requests for information and other means and are filing complaints against allegedly non-compliant companies.
• Main areas for non-profit...more
1/28/2019
/ Australia ,
CNIL ,
Cybersecurity ,
Data Collection ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
Google ,
International Data Transfers ,
Nonprofits ,
Personal Data ,
Popular ,
Request For Information
• The SEC issued guidance in the form of a rare “21(a) report” this week after investigating a series of email frauds impacting 9 unnamed companies.
• These email-based frauds, referred to as “CEO scams” or “vendor scams,”...more
10/19/2018
/ Accounting Controls ,
Business E-Mail Compromise (BEC) ,
CEOs ,
Corporate Finance ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Email ,
Enforcement Actions ,
Internal Controls ,
New Guidance ,
Policies and Procedures ,
Popular ,
Publicly-Traded Companies ,
Scams ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Spoofing ,
Wire Fraud
• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more
9/10/2018
/ California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
CMIA ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement ,
Exemptions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Records ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Time Extensions
• DoD and other government agencies will scrutinize contractors’ supply chain security plans and programs from proposal submission to contract closeout.
• The 2019 NDAA as approved by Congress and DHS initiatives highlight...more
8/22/2018
/ Acquisitions ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Federal Contractors ,
Goods or Services ,
Government Agencies ,
National Security ,
NDAA ,
Popular ,
Risk Assessment ,
Risk Management ,
Software ,
Strategic Planning ,
Supply Chain
On September 1, 2018, five new requirements included in the New York State Department of Financial Services’ (DFS) Cybersecurity Regulation go into effect – (1) audit trails, (2) application security, (3) data disposal...more
8/13/2018
/ Audit Reports ,
Covered Entities ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
NYDFS ,
Policies and Procedures ,
Popular ,
Recordkeeping Requirements ,
Risk Management ,
State Data Breach Notification Statutes
On May 23, 2016, plaintiffs and Illinois residents Jose Luis Martinez and Malcolm Neal filed a class action in California state court claiming that “Snapchat is actively collecting, storing, and using the biometrics of its...more
On May 5, 2016, a federal judge denied Facebook’s attempt to dismiss a consolidated putative class action alleging that Facebook’s “Tag Suggestions” feature violates the Illinois Biometric Information Privacy Act (BIPA)....more