In honor of Data Privacy Week, and as we kick off 2023, many of us are wondering what this year’s hot topics and trends will be in the privacy and cybersecurity sector. How will the new Privacy Shield in the EU and UK affect data regulation? How will state privacy…
On September 25, 2020, the Swiss Parliament approved revisions to Switzerland’s data protection law, the Federal Act on Data Protection of June 19, 1992 or FADP (“Revised FADP”). On August 31, 2022, the Swiss Federal Council decided that the Revised FADP will be brought into force on September 1st, 2023…
On October 18, 2022, the New York Department of Financial Services (“NYDFS”) announced the execution of its sixth consent order for alleged violations of Cybersecurity Regulation, Part 500 of Title 23 of the New York Codes, Rules, and Regulations (“Part 500”). This latest settlement imposes a $4.5 million fine on…
In overturning Roe v. Wade and eliminating the constitutional right to abortion in the U.S., Dobbs v. Jackson Women’s Health Organization has caused a seismic shift in constitutional jurisprudence. The Dobbs ruling and the legislation criminalizing abortion that has followed in a number of states threaten to alter numerous dimensions…
After years of lengthy debates, Congress passed and the President signed into law a bipartisan bill requiring entities in sectors deemed to constitute “critical infrastructure” to report certain cyber incidents and ransomware payments. Currently, companies may and often do voluntarily report cyber incidents to the FBI or other federal agencies,…
As a significant step in its ongoing initiatives on the disclosure, management and oversight of cybersecurity risks and incidents, on March 9, 2022 the U.S. Securities and Exchange Commission (SEC) proposed new rules that would significantly increase cyber-related disclosures by public operating companies. The proposed rules would: Require disclosure in Form 10-Q…
The U.S. Securities and Exchange Commission is implementing a campaign to overhaul the agency’s expectations around cybersecurity and cyber incident reporting for the financial services industry and corporate America generally. For example, in a recent speech, Chairman Gensler reiterated his focus on cybersecurity and underscored the SEC’s work to “improve…
On February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed a package of new rules and amendments to enhance cybersecurity preparedness and improve cyber resilience of investment advisers and investment companies against cybersecurity threats and attacks. If adopted, these rules will incorporate existing SEC staff guidance on cybersecurity policies and…
In what is likely the largest industry-wide vulnerability since the SolarWinds Orion flaw uncovered late last year, a critical software bug was recently discovered within Apache Log4j, an open-source logging utility widely used in business software development. A long list of technology companies have already reported being affected, including such…
If you are not familiar with the FTC’s Health Breach Notification Rule, you are not alone. Issued in 2009, it has never been enforced. That may now change. In a recent Policy Statement, the FTC is putting a new spotlight on the Rule, explaining that the Rule applies to health…