SEC Enforcement Targets Cybersecurity Disclosures Again
Securities and Exchange Commission Chairman Gary Gensler has pledged to bring a renewed focus to robust enforcement of the federal securities laws. As we observed in a recent blog post, under Chairman Gensler and Director Gurbir Grewal, the SEC’s Division of Enforcement will be more aggressive in several arenas—including public company […]
Takeaways from the California Attorney General’s First-Year CCPA Enforcement Update
Just over one year ago, on July 1, 2020, the California attorney general began enforcing the California Consumer Privacy Act. To mark the one-year anniversary of enforcement actions, California Attorney General Rob Bonta provided an update on his office’s CCPA enforcement efforts over the past year (and published an accompanying […]
Colorado Becomes Third State to Pass a Comprehensive Privacy Law
On July 7, 2021, Colorado Gov. Jared Polis signed the Colorado Privacy Act (CPA) into law. The CPA is now the third comprehensive consumer privacy law to be passed in the United States, after the California Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Privacy Act (CDPA). Enforcement of the CPA will begin July 1, 2023. […]
European Commission Issues UK Adequacy Decisions
On 28 June 2021, the European Commission issued two adequacy decisions in respect of the UK – one under Regulation (EU) 2016/679 (the EU’s General Data Protection Regulation, or EU GDPR) and another under Directive (EU) 2016/680 (the Law Enforcement Directive).
The European Commission Adopts New Standard Contractual Clauses
The European Commission has adopted today the long-awaited new sets of Standard Contractual Clauses: one for use between controllers and processors in the EU/EEA and one for the transfer of personal data to third countries.
The Long-awaited 2021 Cyber Executive Order
On May 12, 2021, the US president issued an “Executive Order on Improving the Nation’s Cybersecurity.” The EO follows on the heels of the Colonial Pipeline ransomware attack, along with the Codecov and Solar Winds supply-chain attacks. While the EO focuses primarily on internal-government actions, the presidential order expresses hope […]
FTC Expects Board-Level Cybersecurity Oversight
Federal Trade Commission (FTC) staff published a blog post that highlights increased cybersecurity threats and emphasizes the key role corporate boards play in a successful cybersecurity program: “Corporate boards: don’t underestimate your role in data security oversight.” Boards that are not actively considering cybersecurity risks should take notice.
Supreme Court Curtails FTC Authority to Obtain Monetary Relief via Section 13(b)
The FTC’s toolkit to enforce unfair and deceptive practices in the privacy and cybersecurity realm was reduced last week when the Supreme Court ruled that Section 13 of the FTC Act does not allow for monetary relief. Read more about the decision and its impact. The FTC retains authority to […]
Second Circuit Rules Individuals Have Standing to Sue for ‘Increased Risk’ of Identity Theft
Earlier this week, the United States Court of Appeals for the Second Circuit held that where personal information is disclosed without authorization, impacted individuals may have standing to sue if they can show an “increased risk” of identity theft or fraud, even if this hasn’t yet happened. The court, which […]
EU’s Artificial Intelligence Regulation – Tough Tests for Smart Products
EU proposal extends product safety, data protection and cybersecurity concepts to groundbreaking AI regulation What has happened? The European Commission has finally published its much-anticipated proposal for a broad regulation to cover the use of artificial intelligence in the EU. This is a world-first – no other jurisdiction has yet […]