China Publishes Draft Guidelines on Security Review Requirements for Data Exports

China’s new framework for regulating data transfers is beginning to take shape. On October 29, 2021, China’s cybersecurity regulator, the Cyberspace Administration of China (CAC), published draft guidelines outlining when and how data controllers must undergo a security assessment before transferring data out of China pursuant to the country’s recently-issued…

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SEC Seeks Input on BD and RIA Digital Engagement Practices

Authored by: Nicholas Losurdo and Christopher Grobbel The SEC recently solicited public comment on digital engagement practices (DEPs) used by some broker-dealers and investment advisers, including predictive data analytics, differential marketing, and behavioral prompts (such as gamification).  The public comment window closes October 1, 2021.  Comments letters submitted already are available here—viewpoints run…

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EDPB to Provide Clarification on Transfers to Importers Subject to the GDPR: Another New Set of SCCs Seen

The European Data Protection Board (EDPB) recently published minutes of its last plenary meeting held in September 2021, which (in paragraph 2) shed light on how the EDPB may address one of the biggest open issues regarding data transfers from Europe — whether under General Data Protection Regulation (GDPR), Chapter V data…

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FTC: Health Apps and Connected Devices Subject to Health Breach Notification

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…

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Link to Video - NYDFS Cybersecurity Regulation Webinar

Now in its fifth year, the NYDFS Cybersecurity Regulation is a standout among state-level information security regulations. This year, the NYDFS is investing additional resources into cybersecurity, with a new NYDFS Cyber Intelligence Unit formed in 2021, new ransomware guidance, and increasing enforcement. Compliance with the NYDFS Cybersecurity Regulation requires…

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SEC Makes Cybersecurity Top Priority; Sanctions Firms For Cybersecurity Failures

There is little doubt that the U.S. Securities and Exchange Commission is making cybersecurity a top priority. SEC Chair Gary Gensler told a Senate committee on Tuesday, September 14, 2021 that the agency is developing a proposal on cybersecurity risk governance, which “could address issues such as cyber hygiene and incident…

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Mitigation of Cybersecurity Risks in Medical Device Software: FDA Discussion & Insights for OEMs, Remanufacturers, and Servicers

I. OVERVIEW The U.S. Food & Drug Administration (“FDA”) has increased its focus on mitigating cybersecurity risks in medical device software. On June 24, 2021, the FDA issued two documents that are important not only for entities that service or remanufacture medical devices (“servicers” and “remanufacturers,” respectively), but also original equipment…

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There's a New Regulator in Town: China Passes an Omnibus Data Privacy Law

On August 20, the People’s Republic of China became the latest global economic powerhouse to pass an omnibus privacy law. Titled the Personal Information Protection Law (“PIPL”), the law was adopted by the Standing Committee of China’s National People’s Congress, China’s top legislative body, and is slated to take effect on…

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Europe Opts for Pragmatism with new SCCs and ICO Opens Consultations on UK SCC — What Companies Need to do Next

The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reigns on how the New SCCs cover data transfers and what companies need to do to take advantage of them and comply with regulatory implementation guidance, including in relation to…

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