President Trump has taken the first steps toward fulfilling his promise to reverse the Biden administration’s approach to digital assets by issuing an executive order that establishes a framework for fostering the growth of...more
2/10/2025
/ Biden Administration ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Executive Orders ,
Financial Services Industry ,
FinTech ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Revocation ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
Trump Administration
On 30 September 2024, the UK Department of Science, Innovation and Technology announced that the Cyber Security and Resilience Bill (Bill) will be introduced to Parliament in 2025. The Bill was first announced in the King’s...more
10/15/2024
/ Artificial Intelligence ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Digital Services ,
EU ,
Incident Response Plans ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Risk Management ,
Technology Sector ,
UK
The deadline for EU countries to transpose the expanded cybersecurity directive, NIS 2, into national law is 17 October 2024, but the implementation status varies significantly from country to country. Some of the member...more
10/14/2024
/ Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Deadlines ,
EU ,
National Security ,
Popular ,
Risk Management ,
Technology Sector
As AI systems become more complex, companies are increasingly exposed to reputational, financial and legal risks from developing and deploying AI systems that do not function as intended or that yield problematic outcomes....more
9/30/2024
/ Artificial Intelligence ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
NIST ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
Technology Sector ,
U.S. Commerce Department
In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more
8/26/2024
/ Appeals ,
Commercial Litigation ,
Corporate Counsel ,
Corporate Governance ,
Enforcement Actions ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Extraterritoriality Rules ,
Foreign Corporations ,
Popular ,
Privacy Laws ,
UK ,
White Collar Crimes
On 9 May 2024, Skadden held the inaugural London Space Law Symposium, where six panels of Skadden representatives and industry experts discussed legal aspects of the new space economy. The event was held in the Naim Dangoor...more
6/28/2024
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
EU ,
Financial Institutions ,
International Arbitration ,
International Litigation ,
Legislative Agendas ,
Outer Space ,
Popular ,
Regulatory Agenda ,
Sustainability ,
Taxation ,
Technology Sector ,
UK
Rather than specifically regulating artificial intelligence (AI), the UK government has opted to rely on the existing web of laws and regulations applying to technology across a spectrum of sectors in its jurisdiction. But...more
5/13/2024
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
Financial Conduct Authority (FCA) ,
Information Commissioner's Office (ICO) ,
Popular ,
Prudential Regulation Authority (PRA) ,
Regulatory Agenda ,
Regulatory Requirements ,
UK
On March 13, 2024, Utah enacted the Utah Artificial Intelligence Policy Act (UAIP), which imposes certain disclosure requirements on entities using generative AI tools with their customers, and limits an entity’s ability to...more
4/8/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Corporate Counsel ,
Cybersecurity ,
Disclosure Requirements ,
Fines ,
Machine Learning ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Popular ,
Reporting Requirements
Both the EU and Germany are taking significant steps to accelerate digitalization in the health sector and facilitate the exchange and use of health data for research and innovation purposes.
They aim to improve...more
4/4/2024
/ Analytics ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Data-Sharing ,
Digital Health ,
EU ,
Germany ,
Healthcare ,
Life Sciences ,
Machine Learning ,
Pharmaceutical Industry ,
Popular ,
Privacy Laws ,
Research and Development
The Federal Communications Commission (FCC) recently approved a voluntary Internet of Things (IoT) Labeling Program, which allows manufacturers of IoT products to earn the FCC’s approval to display a “U.S. Cyber Trust Mark”...more
3/22/2024
/ Cybersecurity ,
Data Security ,
FCC ,
Internet of Things ,
Internet Retailers ,
Labeling ,
NIST ,
Online Marketplace ,
Popular ,
Regulatory Agenda ,
Telecommunications ,
Wireless Technology
On February 28, 2024, President Biden issued Executive Order 14117 (the EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that would...more
3/7/2024
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Executive Orders ,
Legislative Agendas ,
National Security ,
New Legislation ,
Popular ,
Regulatory Requirements ,
Risk Mitigation ,
Security and Privacy Controls ,
Sensitive Personal Information
Last year, the U.S. Securities and Exchange Commission (SEC) proposed ambitious rules relating to artificial intelligence (AI) that have drawn significant commentary and criticism. While it is unlikely that any changes in the...more
2/27/2024
/ Artificial Intelligence ,
Compliance ,
Cybersecurity ,
Data Protection ,
Disclosure Requirements ,
Enforcement Actions ,
Final Rules ,
Machine Learning ,
Policies and Procedures ,
Popular ,
Proposed Rules ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
Technology
On January 29, 2024, the Department of Commerce, Bureau of Industry and Security (BIS) released a proposed rule (Proposed Rule) that would require U.S. cloud services providers (a.k.a. Infrastructure as a Service, or IaaS,...more
2/15/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Enforcement ,
IaaS ,
Know Your Customers ,
Machine Learning ,
Popular ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
U.S. Commerce Department
The U.S. Securities and Exchange Commission (SEC) adopted final rules in 2023 that are intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and incident reporting by...more
12/20/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
FBI ,
Form 8-K ,
Incident Response Plans ,
Popular ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
Following the declaration of the international artificial intelligence (AI) “Safety Summit” at Bletchley Park (Bletchley Summit) on November 1, 2023, and the White House’s October 30, 2023, Executive Order on AI (Executive...more
12/13/2023
/ Artificial Intelligence ,
Bank of England ,
Banking Sector ,
Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
EU ,
Executive Orders ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Machine Learning ,
Popular ,
Regulatory Agenda ,
UK
Key Points The rapid adoption of artificial intelligence (AI) technology across the economy has raised a number of novel legal issues. In this article, we discuss five key issues to track in 2024, including:...more
On October 30, 2023, the SEC filed a litigated complaint against SolarWinds, a software development company, and Timothy Brown, its chief information security officer (CISO). The SEC alleges that from October 2018, when...more
11/7/2023
/ Compliance ,
Corporate Governance ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure ,
Enforcement Actions ,
Information Security ,
Information Technology ,
Popular ,
Risk Management ,
Risk Mitigation ,
SolarWinds
On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector
Partner and co-head of Skadden’s Cybersecurity and Data Privacy practice David Simon recently sat down with two chief information security officers (CISOs) from the private equity sector as part of the firm’s National Cyber...more
11/6/2023
/ Artificial Intelligence ,
Chief Information Security Officer (CISO) ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Interviews ,
Machine Learning ,
Popular ,
Private Equity ,
Risk Management ,
Securities and Exchange Commission (SEC)
On September 20, 2023, the U.S. Department of Homeland Security released a report outlining the varied and sometimes conflicting reporting requirements that private entities face when they are victims of a cyber incident. The...more
10/17/2023
/ CIRC ,
Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Legislative Agendas ,
Popular ,
Public-Private Entities ,
Regulatory Agenda ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
In this month’s Privacy & Cybersecurity Update, we examine Delaware’s new comprehensive data privacy law, a joint statement by 12 data protection authorities on data scraping and data protection, a district court ruling on a...more
10/3/2023
/ California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
State and Local Government ,
State Data Privacy Laws ,
State Privacy Laws ,
Web Scraping
In this month’s Privacy & Cybersecurity Update, we analyze the Biden administration’s proposed cybersecurity labeling program for smart devices, NIST’s extensive overhaul of its cybersecurity framework, and data privacy law...more
9/6/2023
/ Biden Administration ,
California ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Compliance ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Labeling ,
NIST ,
Popular ,
Privacy Laws ,
Smart Devices ,
State Privacy Laws
In this month’s Privacy & Cybersecurity Update, we examine the newly established data privacy framework between the EU and U.S. and new consumer privacy laws in Oregon and Texas. We also review a court ruling that delayed...more
8/2/2023
/ Biometric Information Privacy Act ,
California ,
California Privacy Rights Act (CPRA) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Transfers ,
Disclosure ,
EU ,
European Commission ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
NYDFS ,
Oregon ,
Popular ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Requirements ,
Risk Management ,
Texas