August 28, 2017 marks the end of the initial 180-day grace period for compliance under the New York Department of Financial Services’ “first-in-the-nation” cybersecurity regulations (the “Rules”). The initial regulations...more
8/31/2017
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Covered Entities ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Financial Institutions ,
Financial Services Industry ,
Information Technology ,
Insurance Industry ,
NYDFS ,
Personally Identifiable Information ,
Popular ,
Risk Management
There is no such thing as compliance with the NIST Cybersecurity Framework (FTC). In September, the FTC dispelled a commonly held misconception regarding the NIST Framework: It “is not, and isn’t intended to be, a standard or...more
1/30/2017
/ Cyber Insurance ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Drones ,
Email ,
FBI ,
Federal Aviation Administration (FAA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
NIST ,
OCR ,
PHI ,
Phishing Scams ,
Popular ,
Privacy Concerns ,
Ransomware ,
Risk Assessment ,
Risk Management ,
Target ,
Unmanned Aircraft Systems
States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let’s take a look back at the legislative changes that will impact corporate incident response processes and what those...more
For businesses that work with the U.S. Department of Defense (“DoD”), two important rules for safeguarding certain categories of sensitive information and reporting cyber incidents were recently finalized, updating the...more
Last week, FinCEN (Financial Crimes Enforcement Network) issued a formal Advisory to Financial Institutions and published FAQs outlining specific cybersecurity events that should be reported through Suspicious Activity...more
11/4/2016
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
BSA/AML ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Act of 2015 ,
Cybersecurity Framework ,
Data Breach ,
Data Security ,
Distributed Denial of Service ,
FFIEC ,
Financial Institutions ,
FinCEN ,
Information Sharing ,
Malware ,
Patriot Act ,
Ransomware ,
Reporting Requirements ,
Suspicious Activity Reports (SARs)
Aravind Swaminathan, global co-chair of Orrick’s Cybersecurity & Data Privacy team, recently spoke with Global Investigations Review regarding new plans proposed by New York’s Department of Financial Services that will...more
9/26/2016
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Financial Institutions ,
Hackers ,
Incident Response Plans ,
Negligence ,
Risk Management
Just as it promised a year ago, New York State proposed new proscriptive, minimum cybersecurity requirements for regulated financial services institutions. The regulations go final after a 45-day notice and public comment...more
Last week, the Federal Trade Commission convened a ransomware workshop to discuss the rising epidemic of attacks against U.S. businesses and individuals. In a ransomware attack, a malicious actor tricks a user into...more
9/15/2016
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hackers ,
Malware ,
OCR ,
PHI ,
Popular ,
Ransomware
Last week, the FTC published a blog post titled The NIST Cybersecurity Framework and the FTC, in which the agency issued a nuanced answer to an oft-asked question: “If I comply with the NIST Cybersecurity Framework, am I...more
There is no doubt that companies face unprecedented volume and variation in both disruptive and intrusive cyberattacks on their networks. Among the different attack methodologies today, ransomware is quickly becoming a major...more
7/29/2016
/ Breach Notification Rule ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Malware ,
Notification Requirements ,
OCR ,
Personally Identifiable Information ,
PHI ,
Popular ,
Ransomware
On July 6, 2016, the European Parliament passed the Network and Information Security (“NIS”) Directive, over three years after the initial draft was proposed. The Directive will enter into force in August 2016. EU Member...more
On May 10, 2016, the United States Department of Treasury (Treasury) became the latest federal agency to highlight the importance of cybersecurity in the financial services industry. In its white paper, which follows last...more
The insurance industry has been making the case to Congress that cyberinsurance can be a path to good security practices, encouraging different groups inside an organization to better communicate with one another. The process...more
As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery...more
On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations that Schein had made...more
On December 30, 2015, DoD published an interim rule, effective immediately, amending portions of the August Rule. Most importantly, pursuant to the new rule, contractors administering covered information systems that are not...more
Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more
On December 7, 2015, more than two and a half years after the first draft, the European Union Council finally reached an important, informal agreement with the Parliament on important network and information security rules...more
The United States Department of Defense (“DoD”) recently published two new rules that impose broader obligations to safeguard information that falls within specified categories of sensitive data and to report cyber incidents...more
Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more
10/27/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Cloud Computing ,
Cybersecurity ,
Data Privacy ,
Data Protection Authority ,
European Commission ,
European Court of Justice (ECJ) ,
Germany ,
International Data Transfers ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
US-EU Safe Harbor Framework
The European Court of Justice’s (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more
10/20/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Compliance ,
Cybersecurity ,
Data Protection Authority ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty and left companies scrambling for alternative cross-Atlantic data transfer...more
10/19/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
National Security Agency (NSA) ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
Earlier this month, privacy and security professionals from around the globe gathered for “Privacy. Security. Risk. 2015”—the second joint conference between the International Association of Privacy Professionals and the...more
10/15/2015
/ Big Data ,
Cloud Computing ,
Compliance ,
Covered Entities ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Health and Human Services (HHS) ,
Dropbox ,
Edward Snowden ,
Enforcement Actions ,
Ethics ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
FCC ,
Federal Trade Commission (FTC) ,
Google ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
International Data Transfers ,
Internet of Things ,
Ireland ,
Microsoft ,
National Security ,
National Security Agency (NSA) ,
OCR ,
Personal Data ,
Popular ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
Security Risk Assessments ,
US-EU Safe Harbor Framework
1. CJEU finds Safe Harbor Invalid -
In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more
10/7/2015
/ Cloud Computing ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data Security ,
Data Transfers ,
Due Diligence ,
EU ,
European Court of Justice (ECJ) ,
European Economic Area (EEA) ,
Facebook ,
International Data Transfers ,
Personal Data ,
Popular ,
Privacy Concerns ,
Privacy Policy ,
Safe Harbors ,
US-EU Safe Harbor Framework ,
Young Lawyers
As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more
10/1/2015
/ Bank Accounts ,
Breach Notification Rule ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Data Security ,
Debit Cards ,
Hackers ,
Passwords ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Social Security Numbers