Archives: Cybersecurity

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Privacy Legislation Update: The “Three Corners” Bill and the Cantwell Draft

On June 3, 2022, members of the U.S. Congress released a bipartisan, bicameral discussion draft of a comprehensive national data privacy and data security framework. The draft is notable in that it reflects a compromise on the two issues that have for years vexed lawmakers angling for federal privacy legislation: preemption and private right of … Continue Reading

California Privacy Protection Agency Releases Draft CPRA Regulations – An In-Depth Analysis

On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding … Continue Reading

Privacy and Security of Health Information: A Primer for Digital Health Companies

COVID-19 has rapidly accelerated our expectations that virtual connection can deliver better and more economical care. As a result, digital health companies have an unprecedented opportunity to innovate, but with that opportunity also comes significant regulatory challenges related to the collection and processing of personal health information. What legal requirements apply to processing of health … Continue Reading

CFPB and Fintech Companies: Charting a New Course on Regulatory Supervision

As a fintech company, platform offering payment services, or a cryptocurrency business, you may be used to operating in uncharted waters; the Consumer Financial Protection Bureau (CFPB), however, is ready to start drawing some maps. It has announced that it will begin to exercise its supervisory authority over non-bank consumer financial entities that the CFPB has reason … Continue Reading

EU Reaches Political Agreement on Additional New Rules for Digital Platforms in the Digital Services Act

The EU is close to finalizing the adoption of the Digital Services Act (DSA), which will impose new obligations on digital platforms regarding content moderation, due diligence for illegal content, and advertising transparency. It will entail significant changes to existing EU law in these areas and will impose substantial new compliance burdens on companies in … Continue Reading

FTC Issues Complaint and Proposed Settlement with Online Retailer for Deceptive and Unfair Security and Privacy Practices

On March 15, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint against Residual Pumpkin Entity, LLC, formerly doing business as CafePress, and PlanetArt LLC, which bought CafePress in 2020 (collectively, CafePress). The FTC alleged that CafePress, an online platform used by consumers who bought or sold customized t-shirts, mugs, and other merchandise, had, … Continue Reading

SEC Proposes New Cybersecurity Reporting and Enhanced Standardized Disclosure

On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules that would require current and periodic reporting of material cybersecurity incidents as well as more detailed disclosure of cybersecurity risk management, expertise, and governance. This alert summarizes the proposed changes, which are subject to public comment until the later of May 9, 2022 … Continue Reading

FTC Settles with Weight Watchers in First Children’s Privacy Case Requiring Deletion of Algorithms

On February 16, 2022, the Federal Trade Commission (FTC) filed a proposed settlement order in federal court in its case against WW International, Inc (formerly known as Weight Watchers International, Inc.) and its subsidiary Kurbo, Inc. (Kurbo) to resolve allegations that the defendants violated the Children’s Online Privacy Protection Act and its implementing rules (COPPA).1 The … Continue Reading

New Model Clauses for Personal Data Transfers Outside the UK

On February 2, 2022, the UK privacy regulator (i.e., the Information Commissioner’s Office or the ICO) issued new model clauses to support data transfers from the UK. Subject to approval by the UK Parliament, the new model clauses will become effective March 21, 2022. Companies transferring personal data outside the UK will have until March … Continue Reading

Fintech and Financial Privacy: Regulatory Developments on the Use of Financial Data

So you’re a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you’re a tech company that is getting into the payments space. Where do you start when it comes to figuring out what consumer protection laws apply to you? You should be aware that, for the past … Continue Reading

Lloyd v. Google: UK Supreme Court Rejects Data Protection Class Action in Landmark Ruling

On November 10, 2021, the UK Supreme Court ruled[1] that class representatives in data privacy class action suits need to prove damage or distress suffered to be successful. Compensation cannot be granted simply by virtue of proving that a company violated the law. The case was heard under the UK’s pre-2018 data protection law, but … Continue Reading

Don’t Forget to Use the New SCCs to Transfer EU Personal Data as of September 27, 2021

As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data processing agreements. As a result, it is time to update template data processing agreements to ensure that your company can meet this … Continue Reading

Booking.com Fined EUR 475,000 for Failure to Timely Notify Dutch Supervisory Authority of Data Breach

The Dutch supervisory authority (the Autoriteit Persoonsgegevens or AP) sanctioned the online travel booking platform, Booking.com BV (Booking), with a EUR 475,000 fine for failing to notify a data breach to the AP within 72 hours after becoming aware of it, as required by the EU General Data Protection Regulation (GDPR). The decision is available … Continue Reading

Court Orders Production of a Data Breach Forensic Report, Rejecting Arguments That Attorney-Client Privilege and Work Product Protection Apply

On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an external security-consulting firm in data breach litigation.1 This case involved a cyberattack on a law firm that led to the public dissemination of the confidential information … Continue Reading

European Commission Proposes New Rules for Digital Platforms

On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online … Continue Reading

Apple Requires Apps to Include New Privacy “Nutrition Label” by December 8, Delays Opt-In for Tracking Requirement Until Early 2021

Apple recently announced that app developers must check a series of yes/no boxes that will generate a “nutrition label”-style summary of the app’s privacy practices. This new summary, formally called “App Privacy,” will be shown to users within the App Store before they install an app. This is the latest move in Apple’s ongoing effort to make … Continue Reading

Does the SolarWinds Supply Chain Attack Affect Your Company? Legal Considerations for Responding to the Massive Cybersecurity Incident

In a security advisory this past weekend, SolarWinds disclosed that its systems experienced a highly sophisticated supply chain attack on versions of its Orion network monitoring products released between March and June 2020. The New York Times has reported that it is highly likely that the Russian intelligence unit known as Cozy Bear, or A.P.T. 29, carried out the attack, which … Continue Reading

EDPB Publishes Draft Recommendations on Supplementary Measures for Data Transfers

On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any companies exporting or importing EU personal data.… Continue Reading

Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements

On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint controllers, or processors under the EU General Data Protection Regulation (GDPR).… Continue Reading

The EDPB Responds to the European Commission’s Recommendation on COVID-19 Mobile Apps

On April 14, 2020, the European Data Protection Board (the EDPB) published a letter in response to the European Commission’s call for consultation (the letter) regarding its recommendation on the use of mobile applications and location data to fight the COVID-19 outbreak. As previously reported in our blog post, the European Commission’s recommendation sets out a “toolbox” of measures … Continue Reading

European Commission Calls for a Common Approach to COVID-19 Apps and Anonymized Data Use

On April 8, 2020, the European Commission (the Commission) released its recommendation for a pan-EU approach on the use of technology and data to combat the COVID-19 pandemic (the Recommendation). The Commission calls for the creation of a “toolbox” consisting of practical measures taken at the EU level to address the use of mobile applications … Continue Reading

EU Privacy Regulators Issue Draft Guidelines on Connected Vehicles and Mobility Applications

On February 7, 2020, the European Data Protection Board (EDPB) published draft guidelines on the processing of personal data in the context of connected vehicles and mobility related applications. If adopted in their current form, the draft guidelines will have far-reaching consequences for connected vehicles and mobility applications that operate in Europe. They contain detailed interpretations of … Continue Reading
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