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First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more

FTC's Final Health Breach Notification Rule: Expanded Scope, New Obligations, and Modified Reporting Requirements

The Federal Trade Commission ("FTC") intends to "strengthen and modernize" the Health Breach Notification Rule with revamped and increased scrutiny on entities holding health information, including health apps, websites, and...more

HHS Enters Into First-Ever Ransomware Resolution Agreement and Corrective Action Plan

The U.S. Department of Health and Human Services ("HHS") Office of Civil Rights ("OCR") has entered into its first settlement of potential Health Insurance Portability and Accountability Act ("HIPAA") violations arising out...more

Federal Court Grants the SEC Limited Access to the Identities of Law Firm Clients Impacted by a Cyberattack

In Short - The Situation: Following a cyberattack on a law firm's systems, the Securities and Exchange Commission ("SEC") subpoenaed the firm for information, including the identity of clients whose information may have...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

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

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

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

California Attorney General Issues Bulletin on Health Data Breach Reporting Requirements

The California Attorney General ("AG") has issued guidance reminding health care providers of their duty to report health care data breaches and to comply with other state and federal data privacy laws....more

Connecticut Expands Data Breach Notification Requirements and Establishes a Cybersecurity "Safe Harbor"

Connecticut has become the third state to enact a cybersecurity safe harbor statute. On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more

New York Department of Financial Services Announces New Guidance on Ransomware Prevention

On June 30, 2021, the New York Department of Financial Services ("NYDFS") identified key cybersecurity measures to prevent and prepare for ransomware attacks. ...more

JONES DAY TALKS®: Cyber Risks: A False Sense of Security - Episode 1 [Audio]

Cybersecurity risk is evolving and expanding. Traditionally, cybersecurity risk has been equated with cyber attacks and associated legal consequences. That risk is undoubtedly real: All internet connected systems remain...more

Jones Day Global Privacy & Cybersecurity Update | Vol. 27

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

Accountability for Cybersecurity in Australia—A Major Regulatory and Litigation Risk

There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more

Jones Day Global Privacy & Cybersecurity Update | Vol. 26

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

Companies Face Steep Litigation Risks Under California's New Privacy Law

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

Amended Massachusetts Data Breach Law Requires Additional Disclosures and Free Credit Monitoring

The Situation: In the wake of the Equifax data breach, Massachusetts has amended its data breach law. The Result: Companies reporting security breaches under the amended data breach law must provide additional information...more

Jones Day Global Privacy & Data Security Update | Vol. 19

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

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