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Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks

Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in United States courts. While Congress has previously refused to...more

Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

Virginia is for lovers (of privacy) - The Consumer Data Protection Act passes into law

On March 2, 2021, Governor Northam signed the Virginia Consumer Data Protection Act (CDPA or the Act) making it the country’s second comprehensive data privacy legislation following California’s Consumer Protection Act of...more

Data Privacy update: The ePrivacy Regulation

On the 10 February 2021, ambassadors in the Council of the European Union Permanent Representatives Committee (COREPER) announced it had agreed a negotiating mandate on a draft ePrivacy Regulation (“the ePrivacy Regulation”)....more

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

US Cybersecurity and Data Privacy review and update: Looking back on our 2020 articles and planning ahead for 2021

It was a tumultuous year for privacy and cybersecurity, and further uncertainty is all but guaranteed. The key to navigating this volatility, as 2020 proved, is to develop and maintain a proactive, agile and holistic data...more

FinCEN proposes new recordkeeping, verification, and reporting requirements for transactions involving virtual currency and...

On December 18, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (NPRM) to establish new requirements for convertible virtual currency (CVC) and legal tender digital asset (LTDA)...more

A Cybersecurity Storm and Winds of Change: NY DFS requires all New York financial institutions to report effects of SolarWinds...

The massive SolarWinds security breach, which affected not only the private sector, but federal, state and local governments, has caused some to question whether to share data with the government. On Friday, December 18, the...more

Only YOU can prevent IoT network shutdowns

As tens of billions of additional Internet of Things (IoT) devices are poised to enter the market and infuse our supply chains, on December 4, 2020, President Donald Trump signed the first-ever federal law governing IoT...more

Once more unto the breach: The Supreme Court weighs in on a circuit split on what constitutes a hack

Working from home since the onset of the pandemic, you check your social media on a work laptop, in violation of your company’s Acceptable Use Policy. Have you just committed a federal crime?...more

California’s new privacy law, the CPRA, was approved: Now what?

On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (CPRA), by approximately 56-44%. This act will amend and supersede the still recent California Consumer Privacy Act (CCPA), once...more

No rest for the weary: cybersecurity and privacy enforcement actions heat up

Hopes that privacy regulators and litigants would grant a reprieve to businesses during the COVID-19 pandemic may prove ill-founded. On July 21, 2020, the New York Department of Financial Services announced its first...more

The Seismic Shift after Schrems II: The Future of Cross Border Data Flows for US Insurance Companies

If your company, like many other US insurance companies, has an EU or UK affiliate or parent, and you transfer personal data to the US, including employee data or even data of US persons, or if your trusted service providers...more

The seismic shift after Schrems II: The future of cross border data flows for the energy and industrial sectors

If you transfer personal data from the EU/UK to countries which lack a so-called “adequacy” determination, like the US or India, or if your trusted service providers do, the Schrems II European Court decision has seismic...more

FinCEN advisory highlights increased cybercrime risks during COVID-19

On July 30, 2020, the Financial Crimes Enforcement Network (FinCEN) released an advisory that signals its focus on cybercrime arising from vulnerabilities potentially created by the COVID-19 pandemic. The “Advisory on...more

The seismic shift of Schrems ll and what you can still do to transfer personal data to the US from the EU

If you transfer data from the EU to the US, or if your trusted service providers do, the Schrems II European Court decision1 has seismic significance - even if you do not rely on Privacy Shield.  On July 16, 2020, the Court...more

Cryptocurrency misappropriation, hacking, theft and fraud on target for banner year

According to one blockchain and cryptocurrency security firm, this year is on pace to be the second highest in cryptocurrency theft, hacking and fraud, with January through May 2020 already seeing $1.36 billion stolen in...more

NAIC’s Privacy Protections (D) Working Group begins revising privacy model laws

On May 5, 2020, the NAIC’s Privacy Protections (D) Working Group met via conference call. The Working Group was formed on October 1, 2019, under the Market Regulation and Consumer Affairs (D) Committee on a referral from...more

Cybersecurity and coronavirus - Guarding against hackers in this heightened risk environment 

Many general counsels, as well as their privacy and cybersecurity teams, are understandably focused on their company’s coronavirus safety measures - and that is good news to the hackers. Hackers thrive amidst confusion and...more

Accessibility - The hidden A in the CCPA

In the scramble to come into compliance before the January 1, 2020 deadline, companies may have overlooked a key - and potentially costly - requirement in the California Attorney General draft regulations to the California...more

Twisting in the Wind - California Attorney General issues revised CCPA regulations

On February 10, 2020, the California Attorney General published revisions to the proposed regulations (Revised Regulations) to implement the California Consumer Privacy Act of 2018 (CCPA). The changes largely clarify and...more

FTC effectively shuts down Utah company’s operations pending compliance with mandated data security plan

With companies increasingly worried about what the California Attorney General, and private litigants, will do once the California Consumer Privacy Act comes into effect, they should not lose sight of what the Federal Trade...more

New CCPA amendments bring clarity prior to the January 1, 2020 deadline

In the run-up to January 1, 2020, the California legislature and Attorney General are rushing to provide clarity to the California Consumer Privacy Act of 2018 (CCPA) - and businesses are rushing to interpret and implement...more

The California Attorney General’s proposed regulations on the California Consumer Privacy Act – a helpful roadmap on how to...

On October 11, 2019, the California Attorney General issued long-awaited draft Regulations to the California Consumer Privacy Act (CCPA). The draft Regulations provide helpful clarity on some core aspects of California’s...more

Cryptocurrency enforcement on the upswing - Texas cryptocurrency issuers agree to pay over $10 million to the SEC

Along with other regulators, the Securities and Exchange Commission (the “SEC”) has been signaling its intention to pursue those in the cryptocurrency sphere that it believes are capitalizing on the excitement and novelty of...more

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