On July 28, 2022, the California Privacy Protection Agency Board held a special public meeting to discuss state law preemption in the American Data Privacy and Protection Act (ADPPA). ADPPA, as currently drafted, preempts...more
The California Privacy Protection Agency Board began its preliminary rulemaking activities to solicit input on forthcoming regulations under the California Privacy Rights Act (“CPRA”) in September 2021 when it met to review...more
Selected Developments in U.S. Law - U.S. Department of Commerce Announces the Establishment of a Global CBPR Forum On April 21, 2022, Canada, Japan, South Korea, the Philippines, Singapore, Taiwan, and the United States...more
5/11/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Fraud ,
Personal Information ,
Popular ,
Privacy Laws ,
Ransomware
On April 12, 2022, the Colorado Department of Law (the “Department”) released its Pre-Rulemaking Considerations for the Colorado Privacy Act (the “CPA”), following state Attorney General Phil Weiser’s remarks at the...more
At a board meeting held by the California Privacy Protection Agency (CPPA) on February 17, 2022, Executive Director Ashkan Soltani announced that the CPPA does not expect to meet the July 1, 2022, statutory deadline for...more
Selected Developments in U.S. Law - SEC Proposed Rule Will Require Private Funds to Report Certain Cyber Events On January 26, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules to enhance hedge fund...more
2/9/2022
/ China ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Data Subject Access Requests ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Malware ,
Multi-Factor Authentication ,
NYDFS ,
Personal Data ,
Popular ,
Ransomware ,
Reporting Requirements ,
Russia ,
Ukraine
On September 23, 2021, the California Privacy Protection Agency (the “Agency”) issued to the public an invitation to submit preliminary comments on proposed rulemaking under the California Privacy Rights Act (CPRA). The...more
Selected Developments in U.S. Law - Colorado Privacy Act Becomes Third Comprehensive State Privacy Act in the United States - Our Privacy, Cyber & Data Strategy Team highlights some of the similarities and differences between...more
Our Privacy, Cyber & Data Strategy Team highlights some of the similarities and differences between Colorado’s new consumer privacy law and its older siblings in California and Virginia....more
On July 7, Colorado became the third state behind California and Virginia to adopt a comprehensive privacy law when Governor Jared Polis signed the Colorado Privacy Act into law. The CPA contains many similarities to the...more
Selected Developments in U.S. Law - NYDFS Issues Report on the SolarWinds Attack and Covered Entities’ Responses Following the SolarWinds cyber espionage attack and the resulting focus on supply chain risk, the New York...more
5/14/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
FBI ,
NYDFS ,
Phishing Scams ,
Popular ,
Ransomware ,
Safe Harbors ,
Settlement ,
SolarWinds ,
Supply Chain
Virginia became the second state after California to pass a comprehensive privacy law when the governor signed the Consumer Data Protection Act, which contains many elements found in the California Consumer Privacy Act and...more
3/4/2021
/ CDPA ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Virginia
Selected Developments in U.S. Law - Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services As the Biden Administration begins detailing its regulatory and...more
2/18/2021
/ Attorney-Client Privilege ,
Biden Administration ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Ransomware ,
Reporting Requirements ,
Risk Management ,
State Privacy Laws ,
Work-Product Doctrine
Both houses of Virginia’s legislature recently passed the Virginia Consumer Data Protection Act (S.B. 1392; H.B. 2307) (the “VCDPA”). If approved by the state governor, the VCDPA would become the United States’ second...more
Selected Developments in U.S. Law - Alston & Bird Analyzes New California Privacy Rights Act - California voters approved a ballot initiative containing the California Privacy Rights Act of 2020. ...more
11/20/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
FinCEN ,
Hackers ,
International Data Transfers ,
Malware ,
Personal Information ,
Ransomware ,
Schrems I & Schrems II
Brazil’s General Data Protection Law (the “LGPD”), a law similar to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective. On April 29 of this year, Brazil’s President issued Provisional...more
On Friday, August 28, the California state legislature passed Assembly Bill 1281 (“AB 1281”), potentially extending until January 1, 2022 the partial exemptions for employment and business-to-business data under the...more
Selected Developments in U.S. Law - SEC Creates Event and Emerging Risk Examination Team - Following the Office of Compliance Inspections and Examinations’ (OCIE) recent and detailed risk alert on the threat of ransomware,...more
8/14/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Protection ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
OCIE ,
Popular ,
Ransomware ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK
On Tuesday, July 21, 2020, the New York Department of Financial Services (the “NYDFS”) brought its first enforcement action under its Cybersecurity Regulation (the “Regulation”) against a large title insurer (the “Company”)...more
Even as enforcement of the California Consumer Privacy Act (the “CCPA”) begins, there is uncertainty as to whether and when employment information and business-to-business data will become fully subject to the CCPA....more
On June 8, 2020, Alastair Mactaggart, Celine Mactaggart, and Richard Arney (the “Petitioners”) filed a petition for writ of mandate (the “Petition”) in the Superior Court of the State of California to prevent the California...more
Selected Developments in U.S. Law - Japan’s Personal Information Protection Committee Releases Guidance on Contact Tracing Mobile Apps to Combat COVID-19 - On May 1, the Personal Information Protection Committee in Japan...more
Selected Developments in U.S. Law -
NIST Publishes Privacy Framework Version 1.0 -
On January 16, 2020, the National Institute of Standards and Technology (NIST) published Version 1.0 of its Privacy Framework: A Tool for...more
The California legislature passed several amendments to the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.190) (the “CCPA”) on September 13, 2019. ...more
9/23/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
New Hampshire recently passed its Insurance Data Security Law based on the National Association of Insurance Commissioner’s (NAIC) Insurance Data Security Model Law. The law will go into effect January 1, 2020....more