On March 24, 2022, the Utah governor signed a consumer privacy law (the Utah Consumer Privacy Act, UCPA), marking the fourth state law to create enhanced data privacy rights and protections for consumers. The law will go into...more
The Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), passed as part of the omnibus spending bill on March 15, 2022, will require critical infrastructure companies - which could include financial...more
The Securities and Exchange Commission (SEC) has joined a host of other regulators in doubling down on efforts to protect against the rapidly intensifying cyber threats - with important implications for all SEC-registered...more
The National Association of Insurance Commissioners (NAIC) held its 2021 Fall National Meeting from December 11 to 16 in San Diego, California. The meeting was held in a hybrid in-person and remote format due to the ongoing...more
1/6/2022
/ Advisory Committee ,
Annuities ,
Artificial Intelligence ,
Big Data ,
California Consumer Privacy Act (CCPA) ,
Cannabis Products ,
Climate Change ,
Credit Ratings ,
Cybersecurity ,
Environmental Social & Governance (ESG) ,
General Data Protection Regulation (GDPR) ,
Insurance Industry ,
Life Insurance ,
NAIC ,
Popular ,
Privacy Policy ,
Private Equity ,
Regulatory Standards ,
Reinsurance ,
Technology ,
Underwriting
The EU-US Insurance Dialogue Project (“Project”) began in early 2012 as an initiative by the European Commission, the European Insurance and Occupational Pensions Authority (EIOPA), the Federal Insurance Office (FIO) of the...more
11/8/2021
/ Artificial Intelligence ,
Big Data ,
Cross-Border ,
Cyber Threats ,
Cybersecurity ,
EU ,
Insurance Industry ,
International Harmonization ,
NAIC ,
Popular ,
Regulatory Agenda ,
Technology Sector ,
Working Groups
Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more
3/11/2021
/ California Consumer Privacy Act (CCPA) ,
China ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Hong Kong Monetary Authority (HKMA) ,
Popular ,
Schrems I & Schrems II ,
State Privacy Laws ,
Surveillance ,
Virus Testing
It was a tumultuous year for privacy and cybersecurity, and further uncertainty is all but guaranteed. The key to navigating this volatility, as 2020 proved, is to develop and maintain a proactive, agile and holistic data...more
2/10/2021
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
NAIC ,
Popular
The massive SolarWinds security breach, which affected not only the private sector, but federal, state and local governments, has caused some to question whether to share data with the government. On Friday, December 18, the...more
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (CPRA), by approximately 56-44%. This act will amend and supersede the still recent California Consumer Privacy Act (CCPA), once...more
11/10/2020
/ Administrative Agencies ,
Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Cybersecurity ,
Enforcement Authority ,
Minors ,
New Legislation ,
Opt-Outs ,
Personal Information ,
Popular ,
Private Right of Action ,
Sensitive Personal Information
On May 5, 2020, the NAIC’s Privacy Protections (D) Working Group met via conference call. The Working Group was formed on October 1, 2019, under the Market Regulation and Consumer Affairs (D) Committee on a referral from...more
Many general counsels, as well as their privacy and cybersecurity teams, are understandably focused on their company’s coronavirus safety measures - and that is good news to the hackers.
Hackers thrive amidst confusion and...more
On February 10, 2020, the California Attorney General published revisions to the proposed regulations (Revised Regulations) to implement the California Consumer Privacy Act of 2018 (CCPA). The changes largely clarify and...more
The National Association of Insurance Commissioners (NAIC) held its 2019 Fall National Meeting from December 7 through 10 in Austin, Texas. Notable developments from the Fall National Meeting include:
..Bermuda, Japan and...more
12/27/2019
/ Artificial Intelligence ,
Casualty Insurance ,
Flood Insurance ,
Innovation ,
Insurance Industry ,
Life Insurance ,
Liquidity ,
NAIC ,
Property Insurance ,
Regulatory Standards ,
Reinsurance ,
Stress Tests ,
Technology ,
Terrorism Insurance
In the run-up to January 1, 2020, the California legislature and Attorney General are rushing to provide clarity to the California Consumer Privacy Act of 2018 (CCPA) - and businesses are rushing to interpret and implement...more
11/18/2019
/ Amended Legislation ,
Anti-Discrimination Policies ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Brokers ,
Data Deletion ,
Data Privacy ,
Data Security ,
E-Commerce ,
Fair Credit Reporting Act (FCRA) ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Proposed Amendments ,
State Data Breach Notification Statutes ,
Subject Access Request (SAR)
On October 11, 2019, the California Attorney General issued long-awaited draft Regulations to the California Consumer Privacy Act (CCPA). The draft Regulations provide helpful clarity on some core aspects of California’s...more
10/18/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Right to Delete ,
State Attorneys General
The National Association of Insurance Commissioners (NAIC) held its 2019 Spring National Meeting from April 5 through 9 in Orlando, Florida. This meeting was distinguished by a very large class of new commissioners (15 in...more
4/18/2019
/ Annual Meeting ,
Cybersecurity ,
FSOC ,
IAIS ,
Insurance Industry ,
Life Insurance ,
Long Term Care Insurance ,
Marijuana ,
Marijuana Related Businesses ,
NAIC ,
Reinsurance ,
Risk Assessment ,
SIFIs ,
US-EU Covered Agreement ,
Working Groups
On January 18, 2019, the New York Department of Financial Services (NYDFS) issued a circular letter to all insurers authorized to write life insurance in New York State setting out the Department’s views concerning the use of...more
2/27/2019
/ Anti-Discrimination Policies ,
Data Collection ,
Disclosure Requirements ,
Geographic Markets ,
Insurance Industry ,
Life Insurance ,
NYDFS ,
PHI ,
Regulatory Oversight ,
Third-Party ,
Underwriting
For those longing for the heady days of the cryptocurrency free-for-all, this November is proving to be the start of the winter of your discontent.
The US Commodity Futures Trading Commission (CFTC) and the US Securities and...more
12/6/2018
/ Blockchain ,
CFTC ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Initial Coin Offering (ICOs) ,
Popular ,
Regulatory Agenda ,
Securities ,
Securities and Exchange Commission (SEC) ,
Smart Contracts ,
Token Sales
Last week, on September 11, 2018, a number of “firsts” occurred in the prosecution of cryptocurrency-related activities. The Securities and Exchange Commission (SEC) brought its first-ever enforcement action involving a...more
The National Association of Insurance Commissioners (NAIC) held its 2018 Summer National Meeting from August 4 through 7 in Boston, Massachusetts. Baseball and weather were pervasive topics, with the Red Sox’ sweep of the...more
On June 28, 2018, California passed a sweeping new privacy bill, AB 375, now known as the California Consumer Privacy Act of 2018 (CCPA).
The California legislature passed the bill in the morning and the governor signed...more
As promoters of cryptocurrencies and digital-asset exchanges face intense scrutiny from tax, securities and other financial services regulators, they will soon have to contend with unclaimed property (or escheat) laws in the...more
With enactment of the Personal Information Protection Act (PIPA), Bermuda can now count itself among the ever-expanding list of jurisdictions with enhanced privacy protections. PIPA, passed on July 27, 2016, and entered into...more
4/13/2018
/ Bermuda ,
Data Breach ,
Data Privacy ,
Data Security ,
Enforcement ,
Fines ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Penalties ,
Personal Data ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
The National Association of Insurance Commissioners (NAIC) held its 2018 Spring National Meeting from March 24 through 27 in Milwaukee, Wisconsin. The winds off Lake Michigan were chilly, but the welcome was warm....more
The National Association of Insurance Commissioners (NAIC) held its 2017 Fall National Meeting from December 2 through December 4 in Honolulu, Hawaii. Despite the exotic locale, the Fall National Meeting was not as well...more