Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more
9/6/2024
/ Analytics ,
Appeals ,
California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Demand Letter ,
Invasion of Privacy ,
Popular ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
Websites
Technological advances, especially in Artificial Intelligence and quantum computing, will continue to amaze in the coming years. They will open up vast new opportunities while presenting profound regulatory, litigation, and...more
3/1/2024
/ Artificial Intelligence ,
Business Losses ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
NAIC ,
Popular ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Technology ,
Website Design ,
Websites
Last week the FBI Director, CISA Director, NSA Director, and National Cyber Director testified publicly about current and ongoing threats to US critical infrastructure providers by Chinese state-sponsored entities known as...more
2/9/2024
/ China ,
Congressional Investigations & Hearings ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
FBI ,
National Security Agency (NSA) ,
Popular ,
State Sponsors of Cyberattacks
On October 30, 2023, the Biden Administration issued the groundbreaking Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Order), which sets in motion a comprehensive...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Civil Rights Act ,
Climate Change ,
Competition ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Innovation ,
Innovative Technology ,
Intellectual Property Protection ,
NIST ,
Popular ,
Privacy Laws ,
Public Policy ,
Regulatory Agenda ,
Technology Sector
Lloyds Market Bulletin Y5381 -
Back in March 2022, we detailed the significant risks to both insureds and insurers posed by unclear cyber insurance policy wordings, with a particular focus on war exclusion clauses in the...more
Experts estimate that within the next decade or so, adversaries will have the capacity to use quantum computing to break the encryption on virtually all existing digital databases. This is why it is highly significant...more
Welcome to the latest edition of Updata!
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...more
The Securities and Exchange Commission (SEC) has joined a host of other regulators in doubling down on efforts to protect against the rapidly intensifying cyber threats - with important implications for all SEC-registered...more
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Order, breathtaking in scope, asserts as a key goal the desire to improve the lives of consumers through...more
7/21/2021
/ Anti-Competitive ,
Biden Administration ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Agriculture ,
Department of Health and Human Services (HHS) ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
FCC ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Insurance Industry ,
Non-Compete Agreements ,
Popular ,
Regulatory Agencies ,
Restrictive Covenants ,
Technology Sector ,
Unfair Labor Practices
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
3/11/2021
/ California Consumer Privacy Act (CCPA) ,
China ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Hong Kong Monetary Authority (HKMA) ,
Popular ,
Schrems I & Schrems II ,
State Privacy Laws ,
Surveillance ,
Virus Testing
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
2/10/2021
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
NAIC ,
Popular
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
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
11/10/2020
/ Administrative Agencies ,
Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Cybersecurity ,
Enforcement Authority ,
Minors ,
New Legislation ,
Opt-Outs ,
Personal Information ,
Popular ,
Private Right of Action ,
Sensitive Personal Information
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
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
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
10/18/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Right to Delete ,
State Attorneys General
As predicted, the start of 2019 provided scant respite from the frenetic pace of privacy and cybersecurity developments during 2018. This past month alone, in a blizzard of activity, regulators amended regulations and...more
2/5/2019
/ Biometric Information Privacy Act ,
CareFirst ,
Class Action ,
CNIL ,
Corporate Fines ,
Cybersecurity ,
Data Privacy ,
General Data Protection Regulation (GDPR) ,
Google ,
Information Systems Security Program (ISSP) ,
Injury-in-Fact ,
National Futures Association ,
Personal Data ,
Popular ,
State Data Breach Notification Statutes ,
Yahoo!
For those longing for the heady days of the cryptocurrency free-for-all, this November is proving to be the start of the winter of your discontent.
The US Commodity Futures Trading Commission (CFTC) and the US Securities and...more
12/6/2018
/ Blockchain ,
CFTC ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Initial Coin Offering (ICOs) ,
Popular ,
Regulatory Agenda ,
Securities ,
Securities and Exchange Commission (SEC) ,
Smart Contracts ,
Token Sales
As this eventful year for new privacy and cybersecurity regulations winds down, multinational companies still need to look ahead to new regulations that will come online in 2019, including Vietnam’s Law on...more
12/5/2018
/ Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Corporate Counsel ,
Covered Entities ,
Cybersecurity ,
Foreign Corporations ,
General Data Protection Regulation (GDPR) ,
Multinationals ,
Pending Legislation ,
Personal Data ,
Popular ,
Vietnam
Malaysia will soon be joining the growing number of global jurisdictions that are adding specific data breach notification requirements to companies operating in Malaysia, re-emphasizing the need for multinational companies...more
Recently, JPMorgan Chase CEO Jamie Dimon warned that the “biggest vulnerability” for the financial system is the threat of cyber attacks. Hackers, especially those working for nation-states, have grown more sophisticated and...more
The number and severity of cyberattacks are on the rise, and companies simply cannot rely on their governments to protect them. In fact, quite the opposite is true....more
Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more
3/13/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Popular ,
Standing
On February 21, 2018, the Securities and Exchange Commission issued an interpretive release1 providing important guidance to certain registrants on cybersecurity disclosure. Coming on the heels of dozens of high-profile...more