Category: Compliance, Risk & Strategy

At GDPR’s One Year Mark, Continued Compliance Efforts are Key and Can Help with CCPA Compliance

With the EU General Data Protection Regulation (the “GDPR”) now over a year old, companies may feel that their data privacy challenges have settled down and that their GDPR work is complete.  While that may be true for some companies, the reality for most is that their GDPR compliance efforts […]

GDPR: Looking to the Year Ahead

On 30 May 2019, the UK data protection regulator, the Information Commissioner’s Office (ICO) published a report, reflecting on its experiences over the year since the introduction of the General Data Protection Regulation (2016/679) (GDPR) and sharing its learnings.    

Creating Data-Powered Products and Services in the Age of Privacy

On Friday, June 14, Cooley’s cyber/data/privacy practice will be hosting an event focused on the use of data in the development of products and services in our New York office. The intense focus on privacy in the US and globally has raised pressure on businesses that use personal data to create […]

CCPA Amendments: Expanded Private Right of Action Blocked; Exclusion of HR Data Advances

A number of bills seeking to amend the California Consumer Privacy Act of 2018 (CCPA) have been introduced this year, none more closely watched than SB 561, which would have extended the private right of action under the CCPA from security breaches to any violation of the CCPA.  Despite support […]

App Developers Must Consider Platform Rules in Addition to Legal Requirements

Recently, app store providers have become increasingly active in imposing and enforcing privacy requirements for developers. For example, both Apple and Google have threatened removal of apps from their respective app stores based on the collection of in-app user activity and crash logs for analytics purposes in violation of the […]

Canada’s Privacy Commissioner Recommends Consent for Cross Border Data Transfers

On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) issued a new Consultation on transborder dataflows, recommending that organizations be required to obtain individuals’ consent — express or implied — for transfers of personal data outside of Canada. The OPC is accepting comments on the Consultation […]

Credential Stuffing Attacks and What they Mean for Businesses

Over the past few months, Cooley’s incident response team has seen an increase in “Credential Stuffing” attacks. Credential Stuffing is an account takeover attack in which actors obtain user names and passwords available on the dark web from prior data breaches, and then attempt to login to various online accounts […]

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 […]

FTC’s Proposed Amendments to the GLBA Safeguards Rule Seek to Incorporate Requirements from NY DFS Cybersecurity Regulations

On March 5, the FTC announced proposed amendments to the Standards for Safeguarding Customer Information under the Gramm-Leach-Bliley Act (“Safeguards Rule” or “Rule”).  The FTC version of the Safeguards Rule applies to financial institutions that are not governed by federal banking regulators (e.g., FDIC, Federal Reserve, OCC, and NCUA) or […]

The Department of Health and Human Services Issues Guidelines on Cybersecurity

On December 28, 2018, the U.S. Department of Health and Human Services (“HHS”) released the “Health Industry Cybersecurity Practices (HICP): Managing Threats and Protecting Patients” publication (the “Cybersecurity Guidelines”), which provides voluntary cybersecurity practices designed to reduce security risks and improve security for various healthcare organizations. Specifically, the Cybersecurity Guidelines […]