Chinese authorities issued new regulations and guidance governing cross-border transfers of data and personal information, which will significantly reduce procedural and compliance burdens for many multinationals....more
On 22 December 2023, the Regulation on harmonized rules on fair access to and use of data ("Data Act") was published in the EU's Official Journal. The Data Act lays down rules on fair access to and use of personal and...more
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
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 May 30, 2023, the Cyberspace Administration of China ("CAC") issued the "Guidance on Filing the Standard Contract for the Cross-Border Transfer of Personal Information" ("Guidance"), which took effect on June 1, 2023....more
In Short -
The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court...more
On February 24, 2023, the Cyberspace Administration of China ("CAC") issued the long-awaited Measures on the Standard Contract for Outbound Cross-Border Transfer of Personal Information ("Measures")....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
The Council of the European Union ("EU") adopted a new Directive to strengthen cybersecurity and resilience across the Union. -
Following the European Parliament's approval on November 10, 2022, the Council of the European...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
On September 15, 2022, the European Commission ("EU") published a proposal for a Cyber Resilience Act, the first EU-wide legislation introducing a single set of cybersecurity rules for hardware and software products placed in...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 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more
2/25/2022
/ Corporate Counsel ,
Cybersecurity ,
Damages ,
Data Breach ,
Data Protection ,
Emotional Distress Damages ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
UK ,
UK Data Protection Act ,
UK Supreme Court
EU and UK data protection rules each restrict transfers of personal data to third countries not regarded as having an adequate level of protection, such as the United States, China, Russia and India....more
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
When the DSL goes into effect on September 1, 2021, it will impose certain restrictions on a company's ability to transfer data out of China without the prior approval of Chinese authorities. One significant restriction is...more
8/27/2021
/ China ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Foreign Official ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular
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
On June 10, 2021, the Standing Committee of the 13th National People's Congress passed the long awaited People's Republic of China (China) Data Security Law ("DSL") after a final read of the third draft. The DSL, which takes...more
6/21/2021
/ China ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Processing Rules ,
Data Processors ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
National Security ,
New Legislation ,
Regulatory Reform
The Background: Transfers of personal data to countries outside the European Economic Area ("EEA") must meet certain requirements under the General Data Protection Regulation ("GDPR"). If the third country does not provide an...more
The Situation: The health care sector is currently going through a digital transformation phase with the promise of achieving improved patient care and higher efficiency—and the implementation of cloud-based services is a...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