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How To Confirm Your Privacy Program Complies With California and Virginia Privacy Obligations

Consistent with a growing national trend, Virginia joined California in recently passing consumer privacy legislation with broad national reach. Both the Virginia Consumer Data Protection Act ...more

Reflecting on Recent Sedona Conference Guidance on Managing the Costs and Burdens of Non-Party Subpoenas

Introduction - The proliferation of data and the rise of affordable cloud computing services has led many companies and organizations to outsource their data storage to third parties, a practice that raises numerous issues...more

Announcing ‘Cyber Insurance Risk Framework,’ NY DFS Joins OFAC in Discouraging Carriers From Making Ransomeware Payments

Ransomware threats and attacks dominated the cyber news cycle in 2020 and into 2021. With the global pandemic and the uptick in remote work and learning, cybercriminals and nation-state hackers have seized on vulnerabilities...more

Privacy and Data Security Worldwide: 2020 and Beyond

2020 has been a busy year in privacy law both domestically and around the globe. Some of the most striking developments included enforcement of the California Consumer Privacy Act (CCPA) and passage of the California Privacy...more

The Diligence Process for Privacy and Data Security: Telltale Indicators of a Data Program’s Strengths and Weaknesses

The rapid expansion of data security and privacy laws and regulations — both in the United States and internationally — harbors the potential for substantial liability, with the consequence that cyber compliance has become an...more

EDPB Publishes Guidance on Cross-Border International Data Transfer & EC Proposes Draft Decision on Standard Contractual Clauses

On Nov. 11, 2020, the European Data Protection Board (EDPB) published eagerly anticipated guidance in the wake of the July 2020 European Court of Justice’s (ECJ) decision in Schrems II, outlining a process for ensuring data...more

California Passes Prop 24 to Amend and Expand Consumers’ Privacy Rights

The California Consumer Privacy Act (CCPA) created groundbreaking new rules for how businesses must handle California consumers’ personal data and spurred proposals for similar legislation across the country. ...more

ICO and CNIL Levy Landmark Fines Against British Airways and Marriott for 2018 Data Breaches

On Oct. 30, 2020, the United Kingdom’s data protection authority, the Information Commissioner’s Office (ICO), in connection with France’s Commission nationale de l’informatique et des libertés (CNIL), announced the largest...more

European Court of Justice Invalidates EU-US Privacy Shield Framework

This past July, a decision by the European Court of Justice (ECJ) struck down the European Union-United States Privacy Shield framework (EU-U.S. Privacy Shield), one mechanism through which companies could transfer personal...more

OCIE Warns of Increased ‘Credential Stuffing’ Cyberattacks on Investment Advisers, Broker-Dealers

The  Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) has published a risk alert, warning SEC-registered investment advisers, brokers and dealers about the increasing use of...more

Revisions to California Privacy Law to Appear as November Ballot Initiative

Data privacy compliance emerged as a top-tier issue for businesses across the globe with the implementation of new laws with broad scope and sweeping coverage, including the EU’s General Data Protection Regulation (GDPR),...more

Europe’s Highest Court Invalidates EU-US Privacy Shield Data Transfer Framework

On July 16, the European Court of Justice (ECJ or the Court) struck down the EU-U.S. Privacy Shield program. The ruling invalidated an earlier European Commission (Commission) decision (Privacy Shield adequacy determination)...more

New York SHIELD Act: What New Data Security Requirements Mean for Your Business

Certain provisions of the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) recently took effect in the state of New York. The act was signed into law by the governor in July 2019, and its data breach...more

New York DFS Warns Industry of Heightened Cyber-risks

On April 13, the New York State Department of Financial Services (DFS) issued guidance to its regulated institutions on how to manage cyber-risks connected to remote working, amid a “significant” increase in cybercrime...more

Electronic Signatures in the Age of COVID-19

The outbreak of the coronavirus (COVID-19), with its social distancing and remote work protocols, has brought renewed focus on the execution of transactional documentation without the traditional inked (wet) signature. ...more

Supreme Court to Resolve Circuit Split Regarding the Scope of the Computer Fraud and Abuse Act, Which Has Been Used to Prosecute...

On April 20, the Supreme Court agreed to review the Eleventh Circuit’s decision in United States v. Van Buren, which broadly interpreted the Computer Fraud and Abuse Act (CFAA), the main federal anti-hacking statute, as...more

The California Consumer Privacy Act Has Gone Into Effect: Implementation and Next Steps for Impacted Companies

California’s Consumer Privacy Act (CCPA) went into effect on Jan. 1, 2020. While the CCPA has been interpreted as primarily targeting technology companies and data brokers, it has broad reach and applies to any business that...more

What Funds Should Know About The New Cayman Islands Data Protection Law

The Cayman Islands recently implemented data protection legislation similar to that adopted elsewhere in the world, including the EU’s General Data Protection Regulation (GDPR). The GDPR forced many businesses outside its...more

Facial Recognition Technology: A Primer for Practitioners

Facial recognition is a rapidly evolving area of technology with myriad potential commercial uses. Reflecting the rapid growth in this area, regulations related to facial recognition are changing across all levels of...more

NY Regulatory Guidance on AI Illustrates Compliance Challenges

The New York Department of Financial Services’ (DFS) January 2019 insurance circular letter, which advised New York-licensed life insurance carriers on the use of external consumer data and information sources in...more

European Commission Issues ‘Ethics Guidelines for Trustworthy AI’

Following extensive consultations, the European Commission’s High-Level Expert Group on AI released ethics guidelines on the use of artificial intelligence. Three broad principles emerged from those guidelines, suggesting...more

Accountable for the ‘Black box’: A Primer on the Regulation of AI in Financial Services

We recently discussed the topic of risk management as it relates to artificial intelligence (AI) in financial services, and suggested certain tips for the financial services sector. This article is the first of a series that...more

Protections Afforded to Whistleblowers in the EU: An Update

Until recently, whistleblowing raised many concerns in France and other European countries. Reporting on colleagues’ behavior, even if unlawful, was seen as risky business that could lead to dismissals and criminal sanctions...more

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