Tag Archives: cybersecurity

New Proposed Rules Published for Cyber Incident Reporting and Cybersecurity Requirements Will Have Major Impacts on Federal Contractors

Reflective of the Government’s increasing focus on cybersecurity, on October 3, 2023, the Federal Acquisition Regulation Council (FAR Council) released two new proposed rules that will have major impacts on federal contractors. These rules implement the May 2021 Executive Order on Improving the Nation’s Cybersecurity.1 One rule applies to any federal contractor that uses information and … Continue Reading

Into the Final Stretch: Six Gatekeepers Confirmed Under the EU’s Digital Markets Acts

On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and published a Q&A document. The six companies are predominantly American, with one Asian company represented and no European: Alphabet, Amazon, Apple, … Continue Reading

SEC Adopts Cybersecurity Disclosure Rules

On July 26, 2023, the U.S. Securities and Exchange Commission (SEC) announced that it adopted final rules requiring disclosure by public companies of material cybersecurity incidents in a Current Report on Form 8-K, and of material information regarding their cybersecurity risk management, strategy, and governance in an Annual Report on Form 10-K. Foreign private issuers will be required to … Continue Reading

SEC Announces Open Meeting to Consider Cybersecurity Rules

On July 19, 2023, the U.S. Securities and Exchange Commission (SEC) announced that it will hold an open meeting on Wednesday, July 26, 2023, to consider whether to adopt rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incidents by public companies that are subject to the reporting requirements of the Securities Exchange … Continue Reading

Meta Receives Record 1.2 Billion EUR Fine and Is Ordered to Suspend Its EU-U.S. Data Transfers

On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and ordered Meta Platforms Ireland Limited (Meta) to suspend any EU-U.S. transfers of personal data within approximately five months. Meta was … Continue Reading

White House Releases National Cybersecurity Strategy: Key Takeaways for the Private Sector

On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in cyberspace and to disrupt the networks of criminals behind cyberattacks. It also seeks to establish, harmonize, and streamline regulations to secure critical infrastructure, as well … Continue Reading

EU Regulators Adopt Opinion on Draft EU-U.S. Data Privacy Framework

Since the invalidation of the Privacy Shield framework in 2020 in the “Schrems II” case, the EU and the U.S. have been working to set up a new framework for data flows from the EU to the U.S. A draft of a new “Data Privacy Framework” (DPF), which is designed to serve as the basis … Continue Reading

California AG Targets Mobile Apps for Failing to Honor or Provide Mechanism for Opt-Out Requests

On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or honor—consumers’ opt-out requests to stop selling their data under the California Consumer Privacy Act (CCPA). According to the California AG’s tweet, the … Continue Reading

2023 U.S. Cybersecurity Predictions

Given that cyberattacks continue to be sophisticated and severe, and cybersecurity continues to be a top concern for regulators, consumers, business partners, and investors, companies should be proactive and devote adequate resources to their security practices and incident response. In addition to the litigation and reputational risks that companies face if they are perceived as … Continue Reading

Council of the EU Proposes Amendments to Draft AI Act

On December 6, 2022, the European Union’s (EU) Regulation on Artificial Intelligence (AI Act) progressed one step towards becoming law when the Council of the EU (the Council) adopted their amendments to the draft act (Council General Approach). The European Parliament (Parliament) must now finalize their common position before interinstitutional negotiations can begin.… Continue Reading

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework (Framework), a replacement for the defunct EU-U.S. Privacy Shield (Privacy Shield). The next stage in the process is for the European Commission (EC), with input from the … Continue Reading

European Commission Proposes New EU Cybersecurity Rules for Software and Hardware Products

On September 15, 2022, the European Commission (EC) published a Proposal for a Cyber Resilience Act (CRA Proposal) that sets out new rules in the European Union (EU) for software and hardware products and their remote data processing solutions. The CRA Proposal introduces mandatory cybersecurity-related requirements and reporting obligations, including about product vulnerabilities, for manufacturers, … Continue Reading

CFPB: New Sheriff in Town for Tech Companies?

On August 10, 2022, the Consumer Financial Protection Bureau (CFPB) issued a final Interpretive Rule stating that the Consumer Financial Protection Act (CFPA) applies to companies engaged in targeted advertising of financial products and services. Because the CFPB considers these companies to be covered by the CFPA, they would be subject to civil money penalties … Continue Reading

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

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

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

Third Time’s the Charm? Newest Round of Modifications to Proposed CCPA Regulations Issued by the California Attorney General

On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA). For context, in passing the CCPA, the legislature directed the California Attorney General to solicit broad public participation and adopt regulations to further the purposes of the CCPA. On October 11, 2019, the California Attorney … 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

CJEU Advocate General Confirms Validity of EU Data Transfer Tools

On December 19, 2019, the Advocate General (AG) of the highest EU Court (the Court of Justice of the European Union (CJEU)) issued his opinion in Schrems II[1] (the opinion). Wilson Sonsini previously covered the key points of the opinion in our Alert of December 20 and now provides a more detailed analysis in this … Continue Reading

Proposed CCPA Regulations: Clarity or Confusion?

On October 10, 2019, the California Attorney General’s office issued the proposed text of its California Consumer Privacy Act (CCPA) regulations (the Regulations). The Regulations propose detailed rules regarding required notices for consumers, business practices for handling consumer requests, verification of requests, special rules regarding minors, and non-discrimination. Accompanying the Regulations are the Attorney General’s … Continue Reading
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