News & Analysis as of

Data Protection

NYSDFS Upcoming Deadline Fast Approaching: First Key Date is August 28, 2017

by Shipman & Goodwin LLP on

On March 1, 2017, the New York State Department of Financial Services’ (“DFS”) first-in-nation Cybersecurity Regulations for the purpose of protecting consumers and financial institutions from cyber-attacks went into effect...more

Los Angeles Launches America’s First City-Based Cyber Lab

by King & Spalding on

Los Angeles Mayor Eric Garcetti announced on August 15 an unprecedented initiative to launch the “LA Cyber Lab”—a public-private partnership that will freely share cyber threat intelligence with businesses in the city. Due to...more

FTC Continues Series With Collection, Retention Safety Tips

For the Federal Trade Commission’s second blog post in its “Stick with Security” series, the agency discussed how to maintain a focus on security, regardless of the size of a business or the type of data it handles....more

Think That Your Firm Isn’t Subject to GDPR? You May Be Wrong About That: eDiscovery Trends

by CloudNine on

We’re getting closer and closer to the implementation of the General Data Protection Regulation (GDPR) standard designed to strengthen and unify data protection for all individuals within the European Union (EU). It goes...more

State AGs Data Breach Settlement Reinforces the Importance of Patch Management

by Baker Donelson on

A recent settlement between Nationwide Mutual Insurance Company and attorneys general from 32 states and the District of Columbia (the "Attorneys General") over a 2012 data breach reinforces the importance of patch...more

GDPR is Coming -- Are You Prepared?

by Exterro, Inc. on

What is the GDPR? The General Data Protection Regulation (GDPR) is a comprehensive data protection law created by the European Union and comes into effect on May 25, 2018. It replaces the Data Protection Directive. Its...more

Delaware: The Latest State To Amend Its Data Breach Notification Law

by Jackson Lewis P.C. on

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since...more

Superintendence of Industry and Commerce issues new circular on international data transfers

by Dentons on

On August 10, 2017, the Superintendence of Industry and Commerce presented a new regulation under the country's recently enacted international data transfer law. Specifically, the new circular explicitly sets forth the...more

New York State Cybersecurity Regulations: First milestone in sight, what is next on the horizon?

by Shearman & Sterling LLP on

The New York State Department of Financial Services (“NYDFS”) enacted final cybersecurity regulations (“Regulations”) for NYDFS regulated entities that went into effect on March 1, 2017. The first deadline for compliance...more

New EU Privacy Legislation Clashes with US Discovery Obligations: Forewarning for companies with employees on both sides of the...

by Kelley Drye & Warren LLP on

The European Union is launching new privacy and data protection rules in May 2018. This new regulatory framework, known as the General Data Protection Regulation (GDPR) is known to have a substantial extra territorial reach...more

The impact of the GDPR on businesses in South Africa

by DLA Piper on

Businesses operating in South Africa are currently facing the imminence of the Protection of Personal Information Act 4 of 2013 (POPI). POPI will come into effect in its entirety, by presidential proclamation, on a date which...more

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

GDPR Applies to US Firms

The European Data Protection Regulation is to come into force on 25 May 2018 (the “GDPR”). It introduces many far-reaching changes in data processing, including the possibility of the supervision authority to impose high...more

Delaware Amends Data Breach Statute

by Ballard Spahr LLP on

Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of...more

Another step forward filling in blanks in the cyber security law or more questions than answers?

by Hogan Lovells on

Another step forward filling in blanks in the cyber security law or more questions than answers? On 11 July 2017, the China Cyberspace Administration ("CAC") released the draft Key Security ("Draft Regulations") for public...more

CareFirst Data Breach Appeal Holds Three Key Lessons For Cyberattack Litigants

by Cozen O'Connor on

A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for...more

Delaware Becomes the First State to Allow Corporations to Maintain Corporate Records Using Blockchain Technology

by Jones Day on

On August 1, 2017, Delaware became the first state to allow corporations to use blockchain technology to maintain corporate records. This development comes almost a year after Vice Chancellor J. Travis Laster of the Delaware...more

UK government publishes Statement of Intent on new Data Protection Bill

by Dentons on

On 7 August 2017, the UK Department for Digital, Culture, Media & Sport (DCMS) published a Statement of Intent outlining proposals for a new UK Data Protection Bill (the Bill). This is the UK's preparation for the General...more

Part Two: Abandoned Mines and Data Retention Policies

by McGuireWoods LLP on

As discussed in Tuesday’s post, in addition to taking reasonable precautions to secure data, companies should consider whether they have an affirmative duty to destroy data in the United States – to clear the explosives out...more

Hackers Surveyed On Their Favorite Ways To Access Your Data

by Fox Rothschild LLP on

Cybercrooks’ preferred path to critical data is through privileged accounts, those held by users who have broad access and powers within the target’s network. That’s according to a recent survey conducted by the...more

OCIE Observations from the Second Round of Cybersecurity Examinations

by K&L Gates LLP on

On August 7, 2017, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a risk alert (the “Risk Alert”) summarizing observations from the second round of...more

SEC Cybersecurity Risk Alert Emphasizes Proactive Compliance and Ongoing Vigilance

by BakerHostetler on

On August 7, 2017, the Securities and Exchange Commission (SEC) released its latest cybersecurity risk alert, detailing findings from the examination of 75 broker-dealers, investment advisers and investment companies carried...more

NY Cybersecurity Regulations for Financial Services Companies: Enforcement Begins Aug. 28

by McGuireWoods LLP on

August 17, 2017 The 180-day transitional period under the New York Department of Financial Services (NYDFS) Cybersecurity Requirements for Financial Services Companies is set to expire Aug. 28, 2017. Financial services...more

Wednesday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting this week...more

SEC Watch: “Observations” from SEC’s Cybersecurity 2 Initiative

Last week, the U.S. Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released its “Observations from Cybersecurity Examinations” conducted pursuant to OCIE’s...more

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