News & Analysis as of September 18, 2024

Third-Party Service Provider

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

The Increasing Importance of Cybersecurity Readiness in the Municipal Bond Market: How Public Institutions Can Respond

Parker Poe Adams & Bernstein LLP on 1/24/2024

In today's evolving world of security and data privacy, K-12 schools, universities, local governments, and hospitals are increasingly finding themselves on the same list: vulnerable to the threat of a cyberattack....more

Legal Guide for Implementing AI Tools in Organizations

Barnea Jaffa Lande & Co. on 1/23/2024

Examining AI tools: Before deciding to purchase and implement AI tools in an organization, one must consider various aspects, including privacy issues, discrimination, copyright protection, and suppliers and contracts. The...more

Data and Cybersecurity - European Union Legislation and Proposals - December 2023

BCLP on 11/30/2023

The pace of new EU law continues unabated, with IoT, cyber security and digital services being key areas of activity. The BCLP Data Privacy & Security team is tracking EU law developments relevant to data and cyber security....more

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

Benesch on 11/17/2023

Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

Upcoming EU Rules on Digital Operational Resilience

Pillsbury Winthrop Shaw Pittman LLP on 7/21/2023

There will be additional compliance obligations and mandatory contractual provisions introduced for financial entities and outsourced IT service providers. The new DORA seeks to strengthen the resilience of financial...more

Cybersecurity Rules and Colleges – Approaching Deadline

Spilman Thomas & Battle, PLLC on 3/2/2023

With only four months left before most changes to the federal Standards for Safeguarding Customer Information (“Safeguards Rule”) – a component of the Gramm-Leach Bliley Act (“GLBA”) that provides for the protection of...more

Bowman discusses bank and third-party cyber risk management expectations

Orrick, Herrington & Sutcliffe LLP on 2/17/2023

On February 15, Federal Reserve Board Governor Michelle W. Bowman delivered remarks at the Midwest Cyber Workshop, during which she discussed topics related to third-party service provider reliance and regulatory expectations...more

Privacy Points 2023: New State Laws Introduce New Audit and Internal Review Requirements for Personal Information Collection and...

Benesch on 2/7/2023

Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more

FTC Actions Hold Data Privacy Lessons For 2023

Rothwell, Figg, Ernst & Manbeck, P.C. on 1/4/2023

The Federal Trade Commission will have its eye on privacy and data security enforcement in 2023. In August, the agency announced that it is exploring ways to crack down on lax data security practices. In the announcement,...more

The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

Perkins Coie on 10/11/2022

Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more

SEC Proposes New Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

Foley & Lardner LLP on 3/18/2022

On March 9, 2022, the U.S. Securities Exchange Commission (the Commission) announced proposed amendments to its rules regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies...more

The Department of Labor Issues its First Cybersecurity Guidance for Plan Sponsors, Fiduciaries and Service Providers

King & Spalding on 6/23/2021

It’s been, as the song goes, a long, long time coming. In April, the Department of Labor issued its first ever formal cybersecurity guidance for retirement plan sponsors and retirement plan fiduciaries, and for the service...more

ERISA Cybersecurity Lessons for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/18/2021

Retirement plans are increasingly subject to cybersecurity issues, and the U.S. Department of Labor (DOL) is taking notice. On April 14, 2021, the DOL published cybersecurity guidance “for plan sponsors, plan fiduciaries,...more

Privacy Litigation Updates for the Financial Services Sector: Yodlee and Envestnet Sued for Data Disclosure and Processing...

Bradley Arant Boult Cummings LLP on 1/11/2021

Consumers are more aware than ever of data privacy and security issues. As technology develops, vast quantities of data are collected on individuals every minute of every day. Customers trust their institutions to keep the...more

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

Epstein Becker & Green on 6/26/2020

Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

Bringing Your Business Online: Written Information Security Programs (WISPs)

Partridge Snow & Hahn LLP on 5/19/2020

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Privacy and Data Security Alert l March 2020

Shook, Hardy & Bacon L.L.P. on 3/10/2020

Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more

Basel Committee Publishes Report on Open Banking and Application Programming Interfaces

A&O Shearman on 11/27/2019

The Basel Committee on Banking Supervision has published a report on “open banking” and the use of application programming interfaces. The term “open banking” refers to the sharing and leveraging of customer-permissioned data...more

A Glossary Guide to the CCPA

Mitratech Holdings, Inc on 11/15/2019

To get prepared for the California Consumer Privacy Act (CCPA), get a grasp of the basic jargonese and terms involved. The CCPA will impact hundreds of thousands of businesses worldwide. In “A Glossary Guide to the CCPA”,...more

DoD’s Recently Released Draft Framework Signals Significant Changes in Cybersecurity Requirements

Bass, Berry & Sims PLC on 10/1/2019

A major shift in cybersecurity requirements for Department of Defense (DoD) contractors is about to come into effect—earlier this month the DoD released for public comment the long-anticipated Version 0.4 of the draft...more

Latest California Consumer Privacy Act Amendments Impact Business Compliance Initiatives

Troutman Pepper on 9/17/2019

On September 13, the final day of its legislative session, the California Legislature approved five amendments to the California Consumer Privacy Act (CCPA), the state’s sweeping new privacy law that takes effect on January...more

Happy First Day of Spring! Ohio Insurance Law Effective Today

Sheppard Mullin Richter & Hampton LLP on 3/21/2019

Ohio recently followed South Carolina as the second state to adopt cybersecurity legislation modeled after the NAIC’s Insurance Data Security Model Law. The Ohio law, Senate Bill 273, applies to insurers authorized to do...more

New York Department of Financial Services Releases Letter Regarding Third Party Data Sources

Sheppard Mullin Richter & Hampton LLP on 2/22/2019

In a recent letter, the New York Department of Financial Services provided guidance for insurers who use third party data to help with their underwriting decisions. The letter was drafted in response to reports that insurers...more

Upcoming February and March Deadlines Under New York DFS Cybersecurity Regulation, Including New Third-Party Service Provider...

Akin Gump Strauss Hauer & Feld LLP on 1/31/2019

This client alert will briefly outline key upcoming deadlines under the New York State Department of Financial Services (DFS) Cybersecurity Regulation (the “Regulation”). These include annual filing deadlines coming up in...more

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