The Situation: On June 3, 2020, the European Securities Market Authority ("ESMA") published a consultation paper on Outsourcing to Cloud Service Providers ("Proposed Guidelines"), which will apply to any institution under the...more
The Situation: The global spread of the novel coronavirus (COVID-19) has prompted the workforce to migrate from the office to remote-working environments and businesses to adopt new data collection, use, and disclosure...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
This week, the European Commission published white papers detailing its strategies regarding the use of data and artificial intelligence ("AI"). Several additional reports accompany the white papers and cover topics such as...more
The Situation: On July 4, 2019, the French data protection authority ("CNIL") published revised guidelines on the implementation of cookies or similar tracking technologies in order to take into account the new requirements...more
1/29/2020
/ CNIL ,
Consent ,
Cookies ,
Cybersecurity ,
Data Controller ,
Data Protection ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
France ,
General Data Protection Regulation (GDPR) ,
Public Consultations
The Situation: The United Kingdom is due to leave the European Union ("EU") on 31 October 2019. Negotiations between member states of the EU excluding the United Kingdom ("EU27") and the United Kingdom are ongoing, but it is...more
10/1/2019
/ Corporate Counsel ,
Data Protection ,
EU-US Privacy Shield ,
European Commission ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
International Data Transfers ,
Member State ,
No-Deal Brexit ,
Personal Data ,
Standard Contractual Clauses ,
UK Brexit
The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more
8/5/2019
/ Cookies ,
Corporate Counsel ,
Data Collection ,
Data Processors ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Joint Liability ,
Personal Data ,
Social Media ,
Website Owner Liability ,
Websites
The Situation: The European Union's Cybersecurity Act becomes effective on June 27, 2019.
The Result: The Act will strengthen the ability of the European Union Agency for Network and Information Security ("ENISA") to help...more
The Situation: The UK Parliament has not approved the draft Brexit Withdrawal Agreement and Political Declaration on the future relationship of the European Union and United Kingdom. The next steps in the Brexit process are...more
The Situation: An investigation launched in 2016 by the German competition authority was meant to determine if Facebook was abusing its market position with its imposition of "misleading" data protection policies.
The...more
3/6/2019
/ Abuse of Dominance ,
Antitrust Investigations ,
Antitrust Violations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
Facebook ,
Federal Cartel Office (the FCO) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Instagram ,
Monopolization ,
Prior Express Consent ,
WhatsApp ,
Without Consent
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
The Situation: The General Data Protection Regulation has a broad territorial scope and can apply to businesses based outside the European Union.
The Result: The European Data Protection Board has provided important...more
The Situation: The European Union's General Data Protection Regulation ("GDPR") has raised questions regarding the scope of coverage and protection afforded by current cyber policies, especially with respect to potential GDPR...more
On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more
10/24/2018
/ Argentina ,
Asia ,
Australia ,
Belgium ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Chile ,
China ,
Colombia ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hong Kong ,
IRS ,
Italy ,
Japan ,
Mexico ,
Netherlands ,
NIST ,
Paraguay ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Singapore ,
Spain ,
TCPA ,
UK
The Situation: The Legislative Decree 101/2018 ("Harmonization Decree") harmonizes the Italian data protection laws with the General Data Protection Regulation (EU) 679/2016 ("GDPR") provisions. It was enacted and became...more
The Situation: Spain approved emergency legislation regarding data protection that mainly focuses on regulating inspection and sanctioning procedures.
The Purpose: The purpose of this legislation is to allow for the correct...more
9/11/2018
/ Cross-Border ,
Cybersecurity ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Parliamentary Procedure ,
Popular ,
Spain
The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more
9/7/2018
/ Antitrust Provisions ,
Automotive Industry ,
Competition ,
Competition Authorities ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
EU ,
FRAND ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Monopolization ,
Popular
The Situation: Even before the General Data Protection Regulation ("GDPR") became effective on May 25, there has been a noticeable trend in the enforcement of security obligations through increased sanctions.
The...more
7/6/2018
/ CNIL ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
E-Commerce ,
France ,
General Data Protection Regulation (GDPR) ,
Popular
JONES DAY CYBERSECURITY, PRIVACY & DATA PROTECTION ATTORNEY SPOTLIGHT: Richard Martinez -
Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As...more
6/25/2018
/ Article 29 Working Party (WP29) ,
Australia ,
Canada ,
China ,
Cybersecurity ,
Data Breach ,
Data Protection Officers (DPOs) ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
ENISA ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Infrastructure ,
IRS ,
Japan ,
Latin America ,
Mexico ,
National Security ,
NIST ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Singapore ,
South America ,
State Data Breach Notification Statutes
On June 12, 2018, Vietnam's National Assembly passed the contentious Law on Cybersecurity ("Law"), which will go into effect on January 1, 2019. The Law has hallmarks similar to China's Cybersecurity Law that took effect in...more
The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data.
The Result: U.S. law enforcement...more
3/29/2018
/ Criminal Investigations ,
Cross-Border ,
Data Collection ,
Data Storage Providers ,
Data Transfers ,
Disclosure Requirements ,
Electronically Stored Information ,
Extraterritoriality Rules ,
International Data Transfers ,
Law Enforcement ,
Stored Communications Act
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
United States and China Renew Promise Not to Hack -
On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more
11/21/2017
/ Acquisitions ,
Argentina ,
Article 29 Working Party (WP29) ,
Australia ,
Belgium ,
Biometric Information Privacy Act ,
Blockchain ,
Canada ,
CCTV ,
Chile ,
China ,
CNIL ,
Connected Cars ,
COPPA ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Driverless Cars ,
EDPS ,
ENISA ,
Equifax ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Initial Coin Offering (ICOs) ,
International Data Transfers ,
Italy ,
Mexico ,
Mobile Apps ,
National Security ,
Netherlands ,
NIST ,
Online Advertisements ,
People's Bank of China ,
Personally Identifiable Information ,
Popular ,
Public Safety ,
Retail Investors ,
Search Engines ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Spain ,
Stored Communications Act ,
TCPA ,
UK ,
Websites
The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more
10/17/2017
/ Binding Corporate Rules ,
Cybersecurity ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more
10/16/2017
/ Cease and Desist ,
China ,
Cloud Service Providers (CSPs) ,
Corporate Counsel ,
Corrective Actions ,
Cybersecurity ,
Enforcement Actions ,
Hackers ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Popular ,
Security Risk Assessments ,
Websites
UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more
9/15/2017
/ Broker-Dealer ,
Computer Fraud and Abuse Act (CFAA) ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Internet of Things ,
Malware ,
Medical Records ,
NIST ,
RegTech ,
Retailers ,
Securities and Exchange Commission (SEC)