In light of the DOJ’s most recent guidance on the use of personal devices and third-party messaging applications by corporate personnel, this White Paper addresses issues and challenges that companies are facing in this area...more
10/18/2023
/ CFTC ,
Compliance ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Electronic Communications ,
Financial Industry Regulatory Authority (FINRA) ,
Guidance Update ,
Instant Messaging Apps ,
Mobile Devices ,
Policies and Procedures ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes ,
Workplace Communication
Beginning October 12, 2023, the UK-U.S. Data Bridge will allow UK companies to transfer personal data to the United States using the new EU-U.S. Data Privacy Framework....more
10/17/2023
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU Data Protection Laws ,
Information Technology ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
UK
In Short -
The Background: The prevalence of generative artificial intelligence ("GenAI") is rapidly expanding, providing vast opportunities for efficiency and innovation, while also creating new risks....more
8/7/2023
/ Algorithms ,
Artificial Intelligence ,
Confidentiality Agreements ,
Data Privacy ,
End-Users ,
EULA ,
Innovation ,
Liability ,
License Agreements ,
Machine Learning ,
Popular
On July 21, 2023, the White House announced that seven leading technology companies—Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI—voluntarily committed to mitigating the risks posed by artificial...more
7/25/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Innovative Technology ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Mitigation
On July 10, 2023, the EU Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework, concluding that the United States ensures an adequate level of protection for personal data transferred from the...more
Across multiple continents and industries, artificial intelligence ("AI") is a topic of intense focus by governments, research institutions, investors, and corporations—from start-ups to well-established industry players. As...more
On October 7, 2022, President Biden signed an executive order on "Enhancing Safeguards for United States Signals Intelligence Activities," outlining the measures that the United States will take to implement its commitments...more
In Short -
The Situation: China released new regulations and guidelines to clarify the procedural requirements companies must satisfy for the cross-border transfer of personal information under the Personal Information...more
On February 23, 2022, the European Commission ("Commission") published a proposal for a Data Act which aims at enhancing data access and use within the European Union ("EU")....more
2/24/2022
/ Artificial Intelligence ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
EU ,
European Commission ,
Information Governance ,
International Data Transfers ,
Internet of Things ,
Personal Data ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs)
The Cyberspace Administration of China has issued draft guidance on applying for and conducting security assessments for cross-border data transfers for public comment. On October 29, 2021, the Cyberspace Administration of...more
11/10/2021
/ China ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements
The PIPL imposes extensive obligations on organizations and individuals engaged in "handling" of personal information, which is defined to include "collection, storage, use, processing, transmission, provision, disclosure,...more
9/10/2021
/ China ,
Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Extraterritoriality Rules ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Popular ,
Regulatory Reform ,
Regulatory Requirements
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
President Biden Issues Cybersecurity Executive Order -
On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
8/10/2021
/ Article III ,
Biden Administration ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Personal Data ,
Popular ,
Ransomware ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
An interest group of EU banks that was formed to assist European financial institutions with their use of public cloud technology recently suggested model terms for the compliant use of cloud technology.
On May 17, 2021,...more
China recently released new drafts of its Data Security Law and its Personal Information Protection Law for public comment; when finalized the two laws will impose significant obligations on how companies collect, process,...more
The Background: On February 1, 2021, Singapore's Personal Data Protection (Amendment) Act 2020 ("PDPAA") came into effect.
The Situation: The PDPAA is the first comprehensive update to Singapore's Personal Data Protection...more
United States -
Regulatory—Policy, Best Practices, and Standard -
NIST Unveils Draft Guidance to Protect Critical Infrastructure -
On October 22, 2020, the National Institute of Standards and Technology ("NIST")...more
1/8/2021
/ CNIL ,
Consumer Privacy Rights ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
NIST ,
Personal Data ,
Popular ,
Risk Management
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Revision to Security Standard -
On September 23, the National Institute of Standards and Technology ("NIST") released Revision 5 to...more
As the United States and other countries gradually ease stay-at-home orders and mandatory lockdowns, data-driven technologies have become increasingly discussed as a potential strategy for tracing and mitigating the further...more
7/13/2020
/ Biometric Information ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Infectious Diseases ,
Popular ,
Private Sector ,
Re-Opening Guidelines ,
Workplace Safety
The Situation: The global spread of the novel coronavirus (COVID-19) has prompted the workforce to migrate from the office to remote-working environments and businesses to adopt new data collection, use, and disclosure...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
The Situation: Even before the General Data Protection Regulation ("GDPR") became effective on May 25, there has been a noticeable trend in the enforcement of security obligations through increased sanctions.
The...more
7/6/2018
/ CNIL ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
E-Commerce ,
France ,
General Data Protection Regulation (GDPR) ,
Popular
UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more
9/15/2017
/ Broker-Dealer ,
Computer Fraud and Abuse Act (CFAA) ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Internet of Things ,
Malware ,
Medical Records ,
NIST ,
RegTech ,
Retailers ,
Securities and Exchange Commission (SEC)
China’s Cybersecurity Law was issued on November 7, 2016, by the Standing Committee of the National People’s Congress, and it came into effect on June 1, 2017. The Cybersecurity Law marks the first comprehensive law in China...more
9/5/2017
/ China ,
Compliance ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Exports ,
Foreign Investment ,
International Data Transfers ,
Medical Devices ,
Networks ,
Personally Identifiable Information ,
Popular
On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more
6/16/2017
/ Authentication ,
Banks ,
Biometric Information ,
CNIL ,
Cybersecurity ,
Data Controller ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
EU Data Protection Laws ,
Facial Recognition Technology ,
France ,
General Data Protection Regulation (GDPR)
New York Attorney General Announces Record Number of Data Breach Notices in 2016 -
On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more
6/5/2017
/ Advertising ,
Argentina ,
Australia ,
Chile ,
CNIL ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
De-Identification ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
DNA ,
DPA ,
e-Privacy Directive ,
EDPS ,
Encryption ,
Enforcement Actions ,
ENISA ,
EU ,
FACTA ,
FCC ,
Federal Aviation Administration (FAA) ,
Federal Trade Commission (FTC) ,
France ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Information Commissioner's Office (ICO) ,
Information Sharing ,
Israel ,
Italy ,
Japan ,
Medical Records ,
Metadata ,
Mexico ,
National Security ,
Netherlands ,
NIST ,
Online Safety for Children ,
Patient Privacy Rights ,
Payroll Records ,
Personal Data ,
Personal Data Privacy Comission (PDPC) ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Repeal ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Singapore ,
Social Media ,
Spain ,
SWIFT ,
Telecommunications ,
Transparency ,
UK ,
Unmanned Aircraft Systems ,
USTR ,
XBRL Filing Requirements