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SEC Adopts Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

In Short - The Situation: On July 26, 2023, the U.S. Securities and Exchange Commission ("SEC") adopted final rules that significantly alter cybersecurity disclosure obligations for companies. The SEC's final rules adopt...more

European Union and United States Reach New Agreement for Data Flow Across the Atlantic

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

Commerce Department Issues Final Rule on Information and Communications Technology Supply Chain

On June 16, the U.S. Department of Commerce published a final rule, effective July 17, 2023, on Securing the Information and Communications Technology and Services ("ICTS") Supply Chain, signaling potential new actions on...more

China Issues Guidance on Filing of the Standard Contract for Cross-Border Transfers of Personal Information

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

Iowa Becomes Sixth State to Enact a Comprehensive Data Privacy Law

On March 28, 2023, Iowa—following California, Colorado, Connecticut, Utah, and Virginia—became the sixth state to adopt a comprehensive consumer data privacy law. On March 28, 2023, Iowa Governor Kim Reynolds signed "An...more

SEC Advances Three Cybersecurity Rule Proposals to Public Comment

If adopted, these proposed rules would (i) enhance protection of customer information under Regulation S-P, (ii) add new requirements addressing cybersecurity risk to the U.S. securities markets, and (iii) expand the types of...more

SEC Fines Company $3 Million for Allegedly Misleading Cyberattack Disclosures

Asserting that the company misstated the scope of data stolen in the cyberattack, the SEC provides a clear reminder that cybersecurity disclosures remain an agency priority....more

China Finalizes Measures on the Standard Contract for Cross-Border Transfers of Personal Information

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

French Law Authorizes Insurability of "Cyber-Ransoms" Paid by Victims, Subject to Prompt Filing of Complaint

France's Orientation and Programming Law of the Ministry of the Interior ("LOMPI law"), published in the Official Journal of January 25, 2023, amends the insurance coverage of losses and damages paid in response to...more

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

Australian Government Serious About Data Privacy: Substantial Increases in Fines and Enhanced Regulatory Powers

In Short - The Situation: Following a number of high-profile cyber incidents resulting in significant data breaches, the Australian Government has doubled down on its efforts to strengthen privacy laws and cybersecurity...more

EU Adopts Enhanced Legal Framework to Provide for High Common Level of Cybersecurity

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

California Privacy Protection Agency Modifies its Proposed Regulations

In Short - The Situation: The California Privacy Protection Agency ("CPPA" or "Agency") has modified its proposed regulations implementing many key California Privacy Rights Act ("CPRA") requirements....more

United States Signs Executive Order to Implement EU-U.S. Trans-Atlantic Data Privacy Framework

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

New Security Rules for Organizations Supplying Software to the Federal Government

The OMB has issued memorandum M-22-18 with new security requirements (the "Rules") requiring federal agencies to ensure that all third-party software they use complies with secure software development standards and guidance...more

California Attorney General Signals CCPA Enforcement Priorities in $1.2 Million Sephora Settlement

On August 24, 2022, California Attorney General Rob Bonta announced his office's first privacy enforcement action and settlement against a publicly disclosed entity, Sephora, Inc., for violations of the CCPA, including the...more

Federal Privacy and Data Security Regulation on the Horizon: The FTC Announces Proposed Rulemaking

The Federal Trade Commission announced on August 11, 2022, that it is seeking public comment regarding its Advanced Notice of Proposed Rulemaking on commercial surveillance and data security. The Federal Trade Commission...more

China to Start Implementing Restrictions on Cross-Border Transfers of Personal Information

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

Utah Becomes Fourth State to Enact a Comprehensive Data Privacy Law

On March 24, 2022, Utah followed California, Virginia, and Colorado in adopting a comprehensive consumer data privacy law. On March 24, 2022, Utah Governor Spencer Cox signed the Consumer Privacy Act ("Act"), making Utah...more

President Biden Signs Cyber Incident Reporting for Critical Infrastructure Act

On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the "Act"), creating new requirements for organizations operating in critical infrastructure sectors to...more

SEC Proposes Amendments Regarding Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

As part of the SEC's broader rulemaking initiative, on March 9, 2022, the SEC proposed amendments to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by...more

China Issues Draft Guidance on Security Assessments for Cross-Border Data Transfers

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

Department of Commerce Seeks Comment on Regulation of IaaS Providers

Regulations will mandate more robust customer identity verification procedures and special measures to combat malicious cyber activities. On September 24, 2021, the Department of Commerce ("Commerce") published an Advance...more

DOJ Announces Civil Cyber-Fraud Initiative

The U.S. Department of Justice announces an initiative targeting cybersecurity-related fraud by government contractors and grant recipients. On October 6, 2021, the U.S. Department of Justice ("DOJ") announced a new Civil...more

OFAC Issues Additional Ransomware Guidance and Designates Virtual Currency Exchange

The U.S. Treasury Department has issued an updated ransomware advisory that highlights sanctions risks associated with ransomware payments and details proactive steps companies can take to mitigate these risks....more

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