Utah Passes Comprehensive Consumer Privacy Legislation

On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”).  The UCPA is largely based on the Virginia Consumer Data Protection Act (“VCDPA”). It regulates how a controller (defined by the UCPA…

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UK Data Transfer Mechanism Comes Into Force

The International Data Transfer Agreement (“IDTA”), the long awaited mechanism for international transfers of personal data originating from the United Kingdom (“UK”), is now in force as of March 21, 2022, along with a separate addendum to the EU standard contractual clauses (“UK Addendum”). These transfer mechanisms were introduced by…

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SEC Proposes Expanded and Accelerated Cybersecurity Disclosure by Public Companies

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…

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U.S. Senators Introduce New Bill to Protect Minors Online – The Kids Online Safety Act

As President Biden calls for stronger online privacy protections for children, Congress has been busy at work to answer the bell. On February 16, 2022, Senators Richard Blumenthal (D-CT) & Marsha Blackburn (R-TN) introduced their highly anticipated bill aimed at protecting children’s health and well-being online – the Kids Online…

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Use of Google Analytics by EU Websites Violates GDPR

Introduction On 13 January 2022, the Austrian Data Protection Authority (“DSB“) ruled that the use of Google Analytics (“GA”) and the resulting export of personal data to the United States (“US”) violates the GDPR’s data export requirements. On 10 February 2022 the French data protection authority (“CNIL”) also confirmed that…

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SEC Focus on Cybersecurity Begins To Take Shape

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…

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SEC Cybersecurity Rules Target Investment Advisers and Investment Companies

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…

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China is Entering a New Era in Data Protections

On November 1, 2021, the Personal Information Protection Law of the People’s Republic of China (the “PRC”) (the “Personal Information Protection Law”) went into effect, two months after the Data Security Law of the PRC (the “Data Security Law”) went into effect. The Data Security Law and the Personal Information…

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China Passes Extensive Regulations Governing Artificial Intelligence Algorithms

The Cybersecurity Administration of China (CAC), China’s data protection and cybersecurity watchdog, recently passed the final text of the Internet Information Service Algorithm Recommendation Management Regulations, an extensive set of rules – one of the most fully developed artificial intelligence (AI) regulations in the world – designed to govern the…

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