In light of the increasingly heightened cybersecurity risk environment facing the financial services industry and other critical business sectors, on January 16, 2020, the Office of the Comptroller of the Currency and the...more
The Situation: In the two years since China enacted the Cybersecurity Law, which granted authorities broad powers to monitor and investigate activities falling under its purview, authorities have increasingly penalized...more
11/11/2019
/ China ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection Authority ,
Enforcement Actions ,
Enforcement Authority ,
Penalties ,
Personal Information ,
Popular ,
Risk Assessment
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 Development: On July 8, 2019, Brazil enacted Law No. 13,853/19 outlining the final version of its General Data Protection Law.
The Purpose: The final bill introduces some important changes to the regulations...more
On July 25, 2019, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act ("SHIELD Act") amending New York's data breach notification law. This adds to the growing list of states...more
The Situation: On May 24, 2019, the Department of Health and Human Services ("HHS") issued a new fact sheet clarifying business associates' direct liability for violations of the Health Insurance Portability and...more
New York is the first state to establish a department within a financial regulatory agency that is tasked with protecting consumers and financial markets against cyber threats.
On May 22, 2019, the New York Department of...more
6/5/2019
/ Banking Sector ,
Cryptocurrency ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Digital Currency ,
Financial Institutions ,
Financial Regulatory Agencies ,
Financial Services Industry ,
NYDFS ,
Popular ,
Risk Management
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
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
The Situation: The European Union's General Data Protection Regulation ("GDPR") has raised questions regarding the scope of coverage and protection afforded by current cyber policies, especially with respect to potential GDPR...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: Spain approved emergency legislation regarding data protection that mainly focuses on regulating inspection and sanctioning procedures.
The Purpose: The purpose of this legislation is to allow for the correct...more
9/11/2018
/ Cross-Border ,
Cybersecurity ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Parliamentary Procedure ,
Popular ,
Spain
The Development: Brazilian President Michel Temer enacted the Brazilian General Data Protection Law on August 14, 2018.
The Purpose: The newly enacted General Data Protection Law is intended to regulate the treatment of...more
The Situation: Even before the General Data Protection Regulation ("GDPR") became effective on May 25, there has been a noticeable trend in the enforcement of security obligations through increased sanctions.
The...more
7/6/2018
/ CNIL ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
E-Commerce ,
France ,
General Data Protection Regulation (GDPR) ,
Popular
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
The Situation: Latin American governments, business leaders, and legal advisors continue to address privacy and cybersecurity concerns.
The Result: The development and implementation of privacy-focused regulations is a...more
6/25/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
EU ,
Financial Institutions ,
FinTech ,
General Data Protection Regulation (GDPR) ,
Latin America ,
Mexico ,
New Legislation ,
Popular ,
Technology Sector
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 June 12, 2018, Vietnam's National Assembly passed the contentious Law on Cybersecurity ("Law"), which will go into effect on January 1, 2019. The Law has hallmarks similar to China's Cybersecurity Law that took effect in...more
On June 12, 2018, the U.S. Department of Justice announced the internationally coordinated arrests of 74 individuals involved in a series of multimillion-dollar business email compromise schemes ("BEC"). Although these...more
On January 22, 2018, the U.S. Supreme Court held in Artis v. District of Columbia, No. 16-640, that 28 U.S.C. § 1367(d) suspends the statutes of limitations on state law claims while those claims are pending in federal court....more
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
As interest in autonomous vehicles accelerates, and as the related technologies evolve, the vehicles' manufacturers and their suppliers are preparing to encounter a broad range of legal issues.
This Jones Day White Paper...more
11/17/2017
/ Automotive Industry ,
Connected Cars ,
Copyright ,
Driverless Cars ,
FMVSS ,
Intellectual Property Protection ,
Legislative Agendas ,
NHTSA ,
Safety Standards ,
Software Licenses ,
Software Patents ,
Technology Sector ,
Trade Secrets ,
V2V
The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more
10/17/2017
/ Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more
10/16/2017
/ Cease and Desist ,
China ,
Cloud Service Providers (CSPs) ,
Corporate Counsel ,
Corrective Actions ,
Cybersecurity ,
Enforcement Actions ,
Hackers ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Popular ,
Security Risk Assessments ,
Websites
In Short - The Situation: On June 20, 2017, the Ibero-American Network for Data Protection approved the Standards for Data Protection for the Ibero-American States....more