News & Analysis as of May 5, 2025

Regulatory Standards

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FAR Council Publishes Proposed Rule Imposing New Security Requirements on Contractors Handling CUI

Woods Rogers on 1/21/2025

On January 15, 2025, the Federal Acquisition Regulatory Council published a proposed rule (the FAR CUI Rule) that would amend the Federal Acquisition Regulation (FAR) to impose government-wide cybersecurity, training, and...more

California Privacy Protection Agency Amends Proposed CPRA Regulations

Robinson+Cole Data Privacy + Security Insider on 10/28/2022

Last week, the California Privacy Protection Agency (CPPA) released updated California Privacy Rights Act (CPRA) draft regulations and a summary of the changes. The regulations remain in the proposal stage and it is unclear...more

Cybersecurity Awareness Means, at a Minimum, Doing the Basics (Again and Again)

Polsinelli on 10/11/2022

On September 30, 2022, the White House kicked off Cybersecurity Awareness Month by reminding citizens of the impacts cyberattacks can have on critical infrastructure such as “electric grids and fuel pipelines … and many other...more

Abracadabra! The FTC Pulls a New Federal Breach Notice Standard out of its Hat

Wyrick Robbins Yates & Ponton LLP on 5/26/2022

On May 20, 2022, with little fanfare and just five short paragraphs, the Federal Trade Commission announced that businesses must publicly report security incidents to prevent potential harms, even if no other applicable law...more

A Prelude to Enforcement: Colorado AG Issues Remarks Opining on What Constitutes Reasonable Security Measures

Wyrick Robbins Yates & Ponton LLP on 2/22/2022

Last month, on Data Privacy Day, Colorado’s Attorney General Philip Weiser released prepared remarks entitled “The Way Forward on Data Privacy and Data Security” that shed some light on his approach to enforcing Colorado’s...more

Québec Ushers in a Brave New World of Privacy

Davies Ward Phillips & Vineberg LLP on 9/24/2021

The Québec National Assembly has passed and the Lieutenant-Governor has assented to Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (Act). The Act, which became law on...more

California Privacy Rights Act for Employers: The Rights to Opt Out of Sales and Sharing, Restrict Sensitive Personal Information,...

Littler on 9/7/2021

This is the second in a series of articles about the implications of the California Privacy Rights Act for employers. - The California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023, grants six new...more

State Privacy Law Patchwork Expands as Colorado Passes Comprehensive Privacy Law

Akerman LLP on 7/19/2021

Colorado just became the third state to pass a comprehensive data privacy law, creating more challenges for businesses trying to navigate a variety of state, federal, and international privacy regimes. The Colorado Privacy...more

European Commission Refreshes Standard Contractual Clauses

Knobbe Martens on 7/14/2021

The European Commission (“EC”) has long sought to improve data privacy for Europeans, even when they interact with global or non-European companies. Laws like the General Data Protection Regulation (or “GDPR”) seek to...more

Colorado Becomes Third State to Enact Comprehensive Data Privacy Law

Jones Day on 7/8/2021

Introduction Colorado has joined California and Virginia as the third state with a comprehensive data privacy law. On July 7, 2021, Colorado Governor Polis signed the Act into law, following the Colorado Senate's passage of...more

Compatibility test: Can I process lawfully collected personal data for a new purpose?

Hogan Lovells on 5/18/2021

When launching a project that involves processing of personal data, previously collected for a different purpose, what are the requirements? Companies usually focus on the legal basis of processing and information duties, but...more

Open Banking: Navigating the Emerging Regulatory Landscape

Skadden, Arps, Slate, Meagher & Flom LLP on 10/28/2020

Open banking is an important driver of the fintech revolution. Regulators have recognised open banking as a means of introducing competition and innovation in the banking sector. Likewise, fintechs are seizing the...more

US Cybersecurity Standards to Get Tougher and More Specific: FTC and NYDFS Lead the Way

White & Case LLP on 9/10/2020

In the past few years, cybersecurity has taken on increasing importance in the eyes of lawmakers and regulators. Traditionally, cybersecurity compliance that is tied to the protection of personal information generally has...more

Hong Kong Corporate Insights | June 2020

Hogan Lovells on 7/9/2020

On 18 June 2020 the HKEx announced plans to launch the HKEX Sustainable and Green Exchange (STAGE), a new information platform which will act as a central hub for data and information on sustainable and green finance...more

COVID-19: Privacy and Cybersecurity Regulatory and Enforcement Guidance

Foley & Lardner LLP on 4/9/2020

As industry continues to adapt to the evolving realities of shelter-in-place orders, companies face challenges in supporting an unprecedented remote workforce while balancing compliance with a variety of regulatory agencies....more

Hogan Lovells Asia Pacific Data Protection and Cyber Security Guide 2020

Hogan Lovells on 4/6/2020

It is no overstatement to say that 2019 saw a torrid pace of development of Asia-Pacific region data protection and cybersecurity laws. Such was the rate and complexity of change that it is not straightforward to distil...more

Open Regulatory Consultations in the UK and the EU – Have Your Say

Hogan Lovells on 3/4/2020

As highlighted by our new Privacy 2040 initiative, there have never been more opportunities to shape the existing and future privacy and cybersecurity legal framework. ...more

Recent Cases Indicate Viability of False Claims Act Liability Connected to Federal Cybersecurity Standards

Carlton Fields on 1/14/2020

Government contractors are no strangers to the numerous quality standards and assurances required by the government. Over the past several years, cybersecurity in federal contracting has emerged as yet another standard to...more

A Turning Point for Tech – Global survey on digital regulation

Hogan Lovells on 10/31/2019

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s...more

Oregon Senator Introduces Sweeping Legislation to Secure Personal Information and Hold Corporations Accountable

Robinson+Cole Data Privacy + Security Insider on 10/30/2019

U.S. Senator Ron Wyden, D-Ore., recently introduced comprehensive privacy legislation, known as the “Mind Your Own Business Act” (MYOB Act), to provide protections for the private data of Americans and to hold corporate...more

The ICO Updates Its Data Sharing Code of Practice

Hogan Lovells on 8/5/2019

On 9 July 2019 the UK data protection authority (ICO) updated its Data Sharing Code of Practice (first published in 2011) (Code). On the same day, the ICO also announced its intention to fine Marriott International just over...more

Dutch DPA: Banks May Not Use Payment Data for Marketing Purposes

Hogan Lovells on 7/11/2019

In the wake of a recent announcement by a major Dutch bank that it would start providing its customers with personalized advertisements based on their spending patterns, the Dutch Data Protection Authority (DPA) has sent a...more

China marches into cybersecurity classified protection 2.0 - May 2019

Hogan Lovells on 6/4/2019

The cybersecurity classified protection regime attracted significant attention when it was included in the Peoples Republic of China (PRC) Cyber Security Law promulgated in 2017 (the CSL). The CSL mandates that network...more

A Year of GDPR: Five Recommendations to Help Limit Regulatory Scrutiny

Akin Gump Strauss Hauer & Feld LLP on 5/31/2019

A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more

Bavarian Data Protection Supervisory Authority Concludes After “Safer Internet Day Raid” that Investigated Companies Fail to...

Orrick, Herrington & Sutcliffe LLP on 3/22/2019

The Bavarian Data Protection Authority (“BDPA”) took the “safer internet day” in February 2019 as an opportunity to conduct privacy checks on website operators....more

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