SEC Proposes Significant Updates to Regulation S-P and Cyber Risk Management Rule for Market Entities -
At an open meeting on March 15, 2023, the Securities and Exchange Commission (the “Commission) issued a release and...more
3/31/2023
/ Colorado ,
Cybersecurity ,
EU ,
European Court of Justice (ECJ) ,
European Data Protection Board (EDPB) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Proposed Regulation ,
Scams ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Social Media
FBI Seizes Hive Ransomware Servers—Blocks US$130 Million in Demanded Ransoms -
On January 26, Attorney General Merrick Garland announced that the Department of Justice dismantled the “Hive” ransomware group, which had...more
2/3/2023
/ Biden Administration ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
Cookie Banners ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Data Protection Board (EDPB) ,
Extortion ,
FBI ,
Investigations ,
New Legislation ,
New Regulations ,
Popular ,
Privacy Laws ,
Ransomware
SEC Division of Examinations Issues Risk Alert on Regulation S-ID and Identity Theft Prevention Programs -
On December 5, 2022, the Securities and Exchange Commission (“SEC”) Division of Examinations (“EXAMS”) issued a...more
12/16/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Broker-Dealer ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Transfers ,
EDPS ,
EU ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Investment Adviser ,
Minors ,
Online Safety for Children ,
Personal Data ,
Policies and Procedures ,
Proposed Legislation ,
Regulation S-ID ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
SolarWinds
This note summarizes those provisions of the Act applicable to England and Wales that deal with the new register of overseas entities ("ROE") that has been established at Companies House in the UK. It seeks to identify and,...more
10/10/2022
/ Beneficial Owner ,
Criminal Liability ,
Criminal Penalties ,
Due Diligence ,
Enforcement ,
Financial Institutions ,
Foreign Entities ,
Land Registries ,
Leaseholds ,
Mortgages ,
Registration Requirement ,
Transparency ,
UK
Earlier this year Dechert reported on the new Register of Overseas Entities ("ROE"), introduced in March as Part 1 of the Economic Crime (Transparency and Enforcement) Bill (the "Bill"). The Bill was enacted on 15 March 2022,...more
8/1/2022
/ Beneficial Owner ,
Financial Crimes ,
Foreign Entities ,
Foreign Investment ,
Real Estate Investments ,
Regulatory Reform ,
Regulatory Requirements ,
Russia ,
UK ,
Ukraine ,
White Collar Crimes
When the UK Government first introduced the Online Safety Bill (the "Bill") to Parliament, it lauded the Bill as creating "world-leading online safety laws" which "marked a milestone in the fight for a new digital age". The...more
6/8/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Online Platforms ,
Online Safety for Children ,
Pending Legislation ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Reform ,
Search Engines ,
Social Media ,
UK ,
Websites
In the early hours of 15 March 2022, following a wait of almost five years, the UK Parliament introduced into law the Economic Crime (Transparency and Enforcement) Act (the "Act"). The Act was fast-tracked at an...more
3/22/2022
/ Anti-Corruption ,
Anti-Money Laundering ,
Corruption ,
Financial Crimes ,
Foreign Investment ,
Money Laundering ,
Pending Legislation ,
Regulatory Reform ,
Regulatory Standards ,
UK ,
Unexplained Wealth Orders (UWOs) ,
White Collar Crimes
On 1 March the Home Office introduced the Economic Crime (Transparency and Enforcement) Bill (the "Bill"). The most significant change, introduced in Part 1 of the Bill, is the creation of a new, public "Register of Overseas...more
3/11/2022
/ Beneficial Owner ,
Buyers ,
Foreign Investment ,
Land Owners ,
Person with Significant Control (PSC Register) ,
Property Ownership ,
Proposed Legislation ,
Real Estate Investments ,
Real Estate Transactions ,
Regulatory Reform ,
Regulatory Requirements ,
Transparency ,
White Collar Crimes
In March 2019 Dechert reported that the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) had granted UK authorities new extra-territorial powers....more
11/25/2020
/ CLOUD Act ,
Cloud Computing ,
Cooperation Agreement ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Cross-Border ,
Electronically Stored Information ,
Enforcement Authority ,
Extraterritoriality Rules ,
International Litigation ,
Request for Production ,
UK
The UK Home Office and the U.S. Department Of Justice (“DOJ”) have signed an agreement (the “Agreement”) which will enable British and U.S. law enforcement agencies to compel UK and U.S. cloud service providers (“CSPs”) to...more
10/10/2019
/ Bilateral Agreements ,
CLOUD Act ,
Cloud Service Providers (CSPs) ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Cross-Border ,
Discovery ,
Electronically Stored Information ,
Enforcement Actions ,
Government Investigations ,
UK
Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more
7/22/2019
/ Bilateral Agreements ,
CLOUD Act ,
Cloud Service Providers (CSPs) ,
Cloud Storage ,
Comity ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Customer Information ,
Department of Justice (DOJ) ,
ECPA ,
Electronically Stored Information ,
EU ,
Extraterritoriality Rules ,
France ,
International Litigation ,
International Treaties ,
Law Enforcement ,
Qualified Foreign Governments (QFGs) ,
Self-Reporting ,
Stored Communications Act ,
Subpoenas ,
UK ,
Warrants ,
White Papers
On February 12 2019 the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) came into force in the UK. This new law gives UK authorities (including the Serious Fraud Office (“SFO”) and the Financial Conduct Authority...more
3/8/2019
/ CLOUD Act ,
Cloud Service Providers (CSPs) ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Designated International Co-Operation Agreement (DICA) ,
Document Productions ,
Electronically Stored Information ,
Financial Conduct Authority (FCA) ,
Foreign Jurisdictions ,
HMRC ,
International Litigation ,
Long Arm Statute ,
National Crime Agency (NCA) ,
Nexus ,
Overseas Production Order (OPO) ,
Serious Fraud Office (SFO) ,
UK ,
UK Brexit