The General Services Administration ("GSA") is including language regarding cybersecurity requirements in requests for proposals relating to certain IT governmentwide acquisition contracts ("GWACs"). Certain requirements will...more
On March 2, 2021, Virginia joined California in enacting a generally applicable consumer data privacy law.
Virginia has become the second U.S. state to enact a comprehensive data privacy law. On March 2, 2021, Governor...more
The Situation: As we advised in our recent Commentary, federal banking regulators have proposed rules requiring a banking organization to provide its primary federal regulator with prompt notification of any...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NIST Unveils Draft Guidance to Protect Critical Infrastructure -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
The Situation: On December 18, 2020, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System (the "Federal Banking Agencies") jointly...more
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
The Situation: Less than one year after the California Consumer Privacy Act ("CCPA") became effective, California voters approved the California Privacy Rights Act ("CPRA"), a consumer privacy ballot initiative that amends...more
11/6/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular
On October 12, 2020, the California Attorney General released a third set of proposed modifications to the California Consumer Privacy Act ("CCPA") regulations.
On October 12, 2020, the California Attorney General issued...more
The Attorney General requested expedited review by the Office of Administrative Law and asked that the regulations become effective upon filing with the Secretary of State.
On June 1, 2020, the Office of the California...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: Four months after releasing the initial draft proposed regulations to the California Consumer Privacy Act ("CCPA") of 2018, the California Attorney General ("Attorney General") issued modifications to these...more
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right To Know ,
State Attorneys General
The California Consumer Privacy Act has put businesses at substantial risk of data breach litigation and litigation from technical noncompliance.
On January 1, 2020, the California Consumer Privacy Act ("CCPA") went into...more
The Situation: On January 1, 2020, the California Consumer Privacy Act of 2018 ("CCPA") goes into effect, with enforcement by the California attorney general ("attorney general") to begin six months after the final...more
10/25/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
New Amendments ,
Privacy Laws ,
Proposed Regulation ,
Public Comment ,
Public Hearing
On October 10, 2019, the California attorney general released long-awaited proposed regulations under the California Consumer Privacy Act ("CCPA"). These regulations provide much-needed guidance on the CCPA requirements,...more
10/15/2019
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Privacy Policy ,
Public Comment ,
Public Hearing ,
Right to Delete ,
State Attorneys General ,
Verification Requirements
As the legislative session came to a close last week, the California Legislature passed five bills that amend the California Consumer Privacy Act ("CCPA"). Here are the five bills that are now headed to the governor for...more
9/24/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
The U.S. data privacy landscape continues to evolve. Last year, the California Consumer Privacy Act ("CCPA") passed following the EU General Data Protection Regulation ("GDPR"). Nine additional states have since introduced...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
Cyberattacks, which can result in data breaches and the unauthorized access of a company’s—or its clients’ and customers’—information, are a threat to organizations of nearly any size. Jones Day’s Jeff Rabkin, Jimmy Kitchen,...more
On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more
10/24/2018
/ Argentina ,
Asia ,
Australia ,
Belgium ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Chile ,
China ,
Colombia ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hong Kong ,
IRS ,
Italy ,
Japan ,
Mexico ,
Netherlands ,
NIST ,
Paraguay ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Singapore ,
Spain ,
TCPA ,
UK
The Situation: California is the first state to specifically regulate the security of connective devices, which are commonly referred to as internet of things ("IoT") devices.
The Result: The new law mandates that...more
10/10/2018
/ California Consumer Privacy Act (CCPA) ,
Connected Items ,
Data Privacy ,
Enforcement Authority ,
Governor Brown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet ,
Internet of Things ,
Manufacturers ,
Net Neutrality ,
New Legislation ,
Popular ,
Private Right of Action ,
Smart Devices ,
Software ,
Technology Sector
The Situation: Unanimously passed by the California state legislature, the California Consumer Privacy Act of 2018 introduces the nation's most wide-ranging consumer data privacy laws.
The Result: New consumer protections...more
7/5/2018
/ Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Right to Be Forgotten ,
State and Local Government
JONES DAY CYBERSECURITY, PRIVACY & DATA PROTECTION ATTORNEY SPOTLIGHT: Richard Martinez -
Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As...more
6/25/2018
/ Article 29 Working Party (WP29) ,
Australia ,
Canada ,
China ,
Cybersecurity ,
Data Breach ,
Data Protection Officers (DPOs) ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
ENISA ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Infrastructure ,
IRS ,
Japan ,
Latin America ,
Mexico ,
National Security ,
NIST ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Singapore ,
South America ,
State Data Breach Notification Statutes
On May 23, 2018, the U.S. Department of Justice ("DOJ") publicly announced its seizure of botnet infrastructure used by malware dubbed "VPNFilter." DOJ indicated that the sophisticated malware was linked to APT 28, the group...more
On February 26, 2018, the California Office of Administrative Law ("OAL") approved the California Department of Motor Vehicles' ("Cal DMV") proposed regulations allowing the testing and deployment of fully autonomous vehicles...more
3/8/2018
/ Automation Systems ,
Automotive Industry ,
DMV ,
Driverless Cars ,
Drivers ,
Manufacturers ,
Operational Permits ,
Proposed Regulation ,
Regulatory Oversight ,
State and Local Government ,
Training Requirements
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
United States and China Renew Promise Not to Hack -
On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more
11/21/2017
/ Acquisitions ,
Argentina ,
Article 29 Working Party (WP29) ,
Australia ,
Belgium ,
Biometric Information Privacy Act ,
Blockchain ,
Canada ,
CCTV ,
Chile ,
China ,
CNIL ,
Connected Cars ,
COPPA ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Driverless Cars ,
EDPS ,
ENISA ,
Equifax ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Initial Coin Offering (ICOs) ,
International Data Transfers ,
Italy ,
Mexico ,
Mobile Apps ,
National Security ,
Netherlands ,
NIST ,
Online Advertisements ,
People's Bank of China ,
Personally Identifiable Information ,
Popular ,
Public Safety ,
Retail Investors ,
Search Engines ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Spain ,
Stored Communications Act ,
TCPA ,
UK ,
Websites