Category: Compliance, Risk & Strategy

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 […]

GDPR Three Years on the Road: The 10 Key Developments You Should Know

On the third anniversary of the General Data Protection Regulation, Cooley started a series of webinars focused on the GDPR. Our first webinar covers what we consider “the Top 10 key developments you should know” concerning the implementation of this ground-breaking personal data privacy regime.

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. […]

Improving Cyber Insurance Practice Should Be a Company’s Priority

The New York State Department of Financial Services recently issued guidance for New York-regulated property and casualty insurers to effectively manage the cyber insurance risk present in their insurance portfolio. The DFS’ guidance signals an effort to reduce overall volatility in the cyber insurance market, which has been compounded by […]

Global Privacy Roundup: The World Beyond Europe and California

Since Europe’s General Data Protection Regulation took effect in May 2018, a growing number of legislatures around the world have introduced comprehensive data protection laws that emulate the GDPR or have updated existing laws to align with it. California became the first major non-European economy to catch the GDPR wave […]

A Methodology for Conducting Data Transfers in a Post Schrems II World

On November 10, 2020, the European Data Protection Board issued two new pieces of guidance. Read together, they outline a detailed methodology to follow when conducting data transfers under the EU General Data Protection Regulation – such guidance has been keenly anticipated following the Court of Justice for the European […]

CFIUS Rule Puts National Security Spotlight on Investments that Result in Foreign Access to Sensitive Personal Data

Personal data is now a strategic asset under federal regulations. On October 15, 2020, a Final Rule by the Committee on Foreign Investment in the United States (CFIUS or the Committee) will become effective, imposing new requirements for foreign investment in light of national security risks related to sensitive personal […]

Cybersecurity Governance for Maturing Companies

With cyber resilience top of mind for investors, shareholders, regulators and the plaintiffs’ bar, growing organizations can no longer afford to put their cybersecurity efforts on the back burner. Building a cybersecurity program has become an essential element in the growth strategy. But where do you begin? Cooley’s cyber/data/privacy lawyers […]

Workplace Testing and Data Protection: Guidance for Employers

As the UK begins to ease lockdown measures, employers in all sectors are considering how their employees can return to work in the safest possible way. For many, this will include testing to check whether employees have (or have already had) COVID-19. Any employer wishing to carry out such testing […]