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Deadline Approaching: Covered Entities Must File Certifications of Compliance With Amended NYDFS Cyber Regulation by April 15

In November 2023, the New York Department of Financial Services (NYDFS) issued its second amendment to its "Cybersecurity Requirements for Financial Services Companies (the Cybersecurity Regulation or Part 500). This was the...more

SEC Clarifies Reporting of Material vs. Immaterial Cybersecurity Incidents

The U.S. Securities and Exchange Commission's (SEC) Division of Corporate Finance (Division) published a statement on May 21, 2024, regarding how public companies may disclose cyber incidents they determined to be immaterial....more

CISA, UK NCSC, and 17 Other Countries Issue Landmark Joint Guidelines for Secure AI System Development

The U.S. Cybersecurity and Infrastructure Security Agency (CISA) and the UK National Cyber Security Centre (UK NCSC), along with partner agencies from 17 nations, have released Guidelines for Secure AI System Development (the...more

California Regulator Previews Intentions for Cybersecurity, Privacy, and Automated Decisionmaking Regulations

The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules...more

SEC Adopts Cybersecurity Rule for Public Companies

On July 26, 2023, the U.S. Securities and Exchange Commission (SEC or Commission) finalized its Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rule for public companies (the "Final Rule") by a...more

SEC Delays Proposed Cybersecurity Rules

According to its Spring 2023 rulemaking agenda, the U.S. Securities and Exchange Commission (SEC) has delayed issuance of two sets of cybersecurity requirements that previously were expected to be finalized in April 2023. The...more

Department of Commerce’s NTIA Sets Sights on Developing Federal AI Accountability Policies

On April 11, 2023, the Department of Commerce, through the National Telecommunications and Information Administration (NTIA), issued a request for comments (RFC) on AI system accountability measures and policies. The “AI...more

Final Rules Implementing Colorado Privacy Act Have Arrived

The Colorado Attorney General's Office released the final version of its rules implementing the Colorado Privacy Act (CPA) on March 15. The CPA was enacted on July 7, 2021 and the first draft of the implementing rules were...more

SEC Settles Ransomware Disclosure Charges for $3 Million

The U.S. Securities and Exchange Commission ("SEC" or the "Commission") has ordered Blackbaud, Inc. ("Blackbaud") to pay $3 million to resolve claims that it made materially misleading statements about a 2020 ransomware...more

NIST Releases Final Risk Management Framework for Developing Trustworthy AI

On January 26, 2023, the National Institute of Standards and Technology (NIST) released the final version of its AI Risk Management Framework (RMF). ...more

SEC Looks to Finalize Proposed Cyber Rules, Issue New NPRM

The U.S. Securities and Exchange Commission (SEC) appears to have big plans for cybersecurity regulation in 2023....more

Colorado AG Releases Second Draft of Proposed Colorado Privacy Act Rules

On December 21, 2023, the Colorado Attorney General released a second draft of the Colorado Privacy Act Rules, revising the previous draft of the proposed rules. Our analysis of the first draft of the rules can be found here....more

European Commission Takes Major Step Towards Approving Streamlined International Data Transfer Mechanism

In a significant move toward replacing the invalidated Privacy Shield, the European Commission (EC) released a draft Adequacy Decision on December 13, 2022, concluding that the U.S. legal framework provides an adequate level...more

New York Department of Financial Services Proposes Significant Amendments to its Cybersecurity Regulation

The New York Department of Financial Services (NYDFS) has proposed significant amendments (Proposed Amendments) to its Cybersecurity Requirements for Financial Services Companies (Cybersecurity Regulation)....more

New York Department of Financial Services' EyeMed Settlement Emphasizes Risk Assessments, Email Controls (UPDATED)

The New York Department of Financial Services (NYDFS) continues to be a major player in data security enforcement. On Oct. 18, 2022, NYDFS announced that it had entered into a consent order with EyeMed Vision Care LLC...more

New York Financial Services' EyeMed Settlement Emphasizes Risk Assessments, Email Controls

The New York Department of Financial Services (NYDFS) continues to be a major player in data security enforcement. On Oct. 18, 2022, NYDFS announced that it had entered into a consent order with EyeMed Vision Care LLC...more

NY Attorney General Settlement Highlights Challenges of Username and Password Breaches

October was a busy month in New York for cybersecurity enforcement. In addition to a $4.5 million settlement between the New York Department of Financial Services and EyeMed Vision Care (discussed in a forthcoming blog post),...more

New Executive Order Paves Way for Streamlined International Data Transfers

In March 2022, the US and EU announced they had agreed in principle to a new Trans-Atlantic Data Privacy Framework (Framework) intended to simplify transfers of personal information. After months of waiting for the final...more

A First Look at the Colorado Privacy Act Proposed Rules

The Colorado Attorney General's Office has published its much-anticipated proposed rules (Proposed Rules) implementing the Colorado Privacy Act (CPA), which, as we discussed in an earlier blog post, was enacted on July 7,...more

NIST Releases Second Draft of AI Risk Management Framework

On August 18, the National Institute of Standards and Technology (NIST) released a second draft of its Artificial Intelligence Risk Management Framework (the Second Draft) for public comment. The first draft was released in...more

FTC Proposed "Commercial Surveillance and Data Security" Rulemaking Raises Significant Questions About Risks Arising From...

The Federal Trade Commission has formally launched a rulemaking proceeding that nominally is focused on consumer privacy issues, but actually raises significant questions about the impact of artificial intelligence/machine...more

Proposed Amendments to NY Financial Services Cybersecurity Regulations Impose New Obligations on Large Entities, Boards of...

Newly proposed amendments to the New York Department of Financial Services' (NYDFS) already-comprehensive cybersecurity rules would impose heightened cybersecurity requirements on large financial institutions and additional...more

European Commission Releases Additional Guidance on SCCs for International Data Transfers

On May 25, 2022, the European Commission announced the release of a new guidance document relating to standard contractual clauses (SCCs) and international data transfers. The guidance is included in a series of questions and...more

California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,...more

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