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Challenging Recent Developments for Incident Response

The United States is on track to see a record number of data breaches in 2023 and state regulators are paying attention. The swift action required by victim companies includes containment and elimination of the threat, and...more

New NY DFS Cyber Reg FAQs: Novel Approach to Notifications on Vendor Breaches; Cloud and Other Services Are Part of “Internal...

The New York Department of Financial Services (the “NY DFS”) has published three new FAQs that interpret certain requirements under its Cybersecurity Regulation (23 NYCRR 500, the “NY DFS Cyber Reg”) related to breaches by...more

Connecticut Adopts Insurance Data Security Law

To date, six states from Michigan to Alabama have adopted versions of the National Association of Insurance Commissioner’s model insurance data security law (the “NAIC model”). The NAIC model generally requires entities...more

Updates to Massachusetts Data Breach Laws: House Bill No. 4806

On January 10, 2019, Massachusetts Governor Charlie Baker signed House Bill No. 4806 into law. The bill amends certain provisions of the state data breach notification law, increasing reporting requirements on a person or...more

Massachusetts Amendments Impose Additional Data Security Breach Requirements

On January 10, 2019, Massachusetts Governor Baker signed “An Act relative to consumer protection from security breaches” (House Bill No. 4806), which added new requirements and obligations for companies that experience a data...more

Privacy & Cybersecurity Newsletter: April 2016

What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is no question that law firms are among the companies being targeted by cyber criminals.” Despite this, many law firms believed (or...more

NAIC Preliminary Draft Insurance Data Security Model Law Draws Praise and Criticism

Early this month, the NAIC Cybersecurity (EX) Task Force released a preliminary working and discussion draft of an Insurance Data Security Model Law. While praise worthy in its effort to provide uniformity for data security...more

Rhode Island Amends Identity Theft Protection Act

Rhode Island recently amended its 10-year-old Identity Theft Protection Act effective June 26, 2016, further defining and refining existing data security and breach notification requirements, and adding a requirement to...more

EU Cyber Security Directive (CSD) Introduces Cross Sector Data Breach Notification

The European Parliament, the Council and the Commission have agreed on the first EU-wide legislation on cybersecurity. Under the new measure, internet companies such as Google, Amazon, eBay and Cisco, but not social...more

NAIC Cybersecurity Bill of Rights: The Awkward New Guest at the Data Breach Law Party

On October 14, 2015, the NAIC’s Cybersecurity (EX) Task Force adopted a Cybersecurity Bill of Rights, an aspirational, well-intended document outlining the rights insurance consumers should (or could? or might? this point...more

Privacy & Cybersecurity Newsletter: International Edition July 2015

Retail Tracking Update: Privacy Guidance Following Nomi Technologies - There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy...more

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