Gary Gensler, Chair of the U.S. Securities and Exchange Commission (SEC), signaled a new era of cybersecurity law (and accompanying enforcement) in his keynote address “Cybersecurity and Securities Laws” on January 24, 2022,...more
Public comments to recently published regulations governing compliance with the California Privacy Rights Act (CPRA) show that stakeholders sharply disagree on multiple areas of the CPRA. Seventy submissions totaling nearly...more
The National Institute of Standards and Technology (NIST) issued a request for public comment to help guide the development of the current and future state of technology in eight emerging technology areas. Those areas include...more
12/3/2021
/ America Competes Act ,
Comment Period ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Internet of Things ,
NIST ,
Public Comment ,
Request For Information ,
Software Developers
On October 27, 2021, Secretary of State Antony Blinken formally announced plans to modernize and reorient American diplomacy to meet the evolving demands of the 21st century. The State Department, in consultation with...more
On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more
10/7/2021
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Notification Requirements ,
Personal Information ,
Popular ,
Safe Harbors ,
State Data Breach Notification Statutes
On September 27, 2021, all new contracts that involve cross-border personal data transfers must incorporate the updated standard contractual clauses (“New SCCs”) for controllers and processors. On June 4, 2021, the European...more
On August 20, 2021, the 30th session of the Standing Committee of the 13th National People’s Congress (NPC) adopted China’s new PRC Personal Information Protection Law (PIPL), which will take effect on November 1, 2021. The...more
8/27/2021
/ China ,
Criminal Liability ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Use Policies ,
International Data Transfers ,
National Security ,
Personal Information
Recent developments in the tech sector in China, including government directives concerning heightened regulatory scrutiny of tech companies listed or looking to list in the US or on exchanges in other overseas jurisdictions,...more
With the passage of the Colorado Privacy Act (CPA) during its latest legislative session, Colorado has become the third state to enact a comprehensive consumer data privacy law, following California and Virginia. Corporations...more
On April 21, 2021, the European Commission (Commission) published its draft Regulation on Artificial Intelligence (AI). It follows the strategies outlined in the February 2020 Commission’s White Paper on AI. The draft...more
5/3/2021
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Commission ,
Popular ,
Proposed Regulation ,
Registration Requirement ,
Transparency
In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more
4/7/2021
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Defense Strategies ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
On November 10, 2020, the recently established Taskforce of the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area (EEA),...more
On Friday, December 4, 2020, President Donald Trump signed H.R. 1668, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020, into law. The measure, which was approved by the House of Representatives in September...more
On November 19, 2020, the Abu Dhabi Global Market (ADGM), a financial free-zone in the United Arab Emirates (UAE), announced the issuance of a public consultation paper on its proposed new Data Protection Regulations 2020...more
On Tuesday, November 17, the Senate passed H.R. 1668, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020, by unanimous consent. The bill, which previously passed the House of Representatives in September after...more
The newly passed Proposition 24, the California Privacy Rights Act (CPRA), represents the second time in two years that California has instituted a comprehensive privacy statute that fundamentally changes data privacy...more
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
10/14/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Electronic Communications ,
EU ,
General Data Protection Regulation (GDPR) ,
Member State ,
National Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
UK
On October 1, 2020, the three-month grace period for businesses to comply with the Dubai International Financial Centre (DIFC) Data Protection Law (DIFC Law No. 5 of 2020) (“DPL 2020”) came to an end. Regulating the...more
10/2/2020
/ California Consumer Privacy Act (CCPA) ,
Consent ,
Cybersecurity ,
Data Breach ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Protection Officers (DPOs) ,
Data Security ,
Data Subjects Rights ,
DIFC ,
Dubai ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Notice Requirements ,
Penalties ,
Personal Data ,
Popular
The U.S. Department of Commerce, Department of Justice, and Office of the Director of National Intelligence have prepared a White Paper providing a detailed discussion and analysis of the July 16th Data Protection...more
10/1/2020
/ Court of Justice of the European Union (CJEU) ,
Data Protection ,
Department of Justice (DOJ) ,
Departments of Commerce ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Standard Contractual Clauses ,
White Papers
The Federal Data Protection and Information Commissioner (FDPIC) has determined that the Swiss-United States Privacy Shield does not provide an adequate level of data protection for data transfers from Switzerland to the U.S....more
9/30/2020
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
EU-US Privacy Shield ,
International Data Transfers ,
Personally Identifiable Information ,
Risk Assessment ,
Standard Contractual Clauses ,
Swiss Privacy Shield ,
Switzerland
- The OCIE of the SEC highlights that responses to COVID-19 present important regulatory and compliance issues for SEC registrants, including “heightened risks of misconduct” tied to recent market volatility.
- The Risk...more
8/21/2020
/ Asset Management ,
Broker-Dealer ,
Business Continuity Plans ,
Business Operations ,
Compliance ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Fees ,
Financial Transactions ,
Investment Adviser ,
Investment Fraud ,
Investment Management ,
Investors ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Remote Working ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision
On Friday, August 14, California’s Office of Administrative Law (OAL) approved the final draft of the Attorney General’s (AG) regulations under the California Consumer Privacy Act (CCPA). Attorney General Xavier Becerra’s...more
8/20/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Subjects Rights ,
Office of Administrative Law ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
Regulatory Requirements ,
State Attorneys General
On March 5, 2020, Gov. Phil Scott (VT-R) signed into law amendments to the Security Breach Notice Act (the “Act”). The amendments, which originated in the State Senate as part of an initiative addressing a number of data...more
8/10/2020
/ Amended Legislation ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Governor Scott ,
New Guidance ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
State Attorneys General
On July 21, 2020, the New York Department of Financial Services (DFS) filed a “Statement of Charges and Notice of Hearing” (the “Charges”) against First American Title Insurance Company (the “Company”) alleging violations of...more
8/7/2020
/ Banking Sector ,
Banks ,
Covered Entities ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Financial Services ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Personally Identifiable Information ,
Sensitive Personal Information ,
Websites
On July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...more
7/20/2020
/ Court of Justice of the European Union (CJEU) ,
Data Controller ,
Data Processors ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses