News & Analysis as of

Financial Institutions Personal Data

Orrick, Herrington & Sutcliffe LLP

CFPB proposes new rule to implement Section 1033 on consumer data rights

On August 22, the CFPB issued an advance notice of proposed rulemaking in the Federal Register seeking public comments and data to inform its decisions on implementing Section 1033 of the Dodd-Frank Act (the Personal...more

Troutman Pepper Locke

CFPB Section 1033 Open Banking Rule Stayed as CFPB Initiates New Rulemaking

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In a significant turn of events, the Consumer Financial Protection Bureau (CFPB or Bureau) has decided to initiate a new rulemaking process concerning its final rule on personal financial data rights under Section 1033 of the...more

Orrick, Herrington & Sutcliffe LLP

Payments industry associations argue against remittance transfer tax proposal

On May 28, the Senate Committee on Finance received a joint letter from several payments industry associations urging lawmakers to reject a proposed 3.5 percent tax on remittance transfers, which includes any transfer...more

Dacheng

China Monthly Data Protection Update: May 2025

Dacheng on

This monthly report outlines key developments in China’s data protection sector for May. The following events merit special attention...more

McGlinchey Stafford

Montana Amends Consumer Data Privacy Act, Removes Financial Institution Exemption

McGlinchey Stafford on

On May 8, 2025, the governor of Montana signed into law SB 297, which amends the Montana Consumer Data Privacy Act (MCDPA). The amendments become effective on October 1, 2025. Among other things, SB 297: • amends the...more

Lathrop GPM

New DOJ Limits on Cross-Border Data Transfers Prompt Assessment by Businesses

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On April 8, the National Security Division of the U.S. Department of Justice’s (DOJ) new rule on cross-border data transfers takes effect. It restricts U.S. businesses from transferring certain bulk sensitive personal data to...more

Hogan Lovells

A Tale of Two CBDCs: e-CNY v. Digital Euro

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As global momentum appears to be building for the development of central bank digital currencies (CBDCs) – bringing with it the potential to disrupt and revolutionize global payments and finance - we have taken the...more

Katten Muchin Rosenman LLP

CFPB Issues Order for Financial Data Exchange to Issue Standards under CFPB's Personal Financial Data Rights Rule

On January 8, 2025, the Consumer Financial Protection Bureau (CFPB) issued an order recognizing Financial Data Exchange, Inc. (FDX) as a standard-setting body under the CFPB’s Personal Financial Data Rights rule. The order of...more

A&O Shearman

Data protection guidance for firms sharing customer information for the prevention of fraud

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The UK Information Commissioner’s Office (the ICO) has published guidance to help firms take steps to protect customers’ personal information when data is shared between firms to prevent fraud and scams....more

Orrick, Herrington & Sutcliffe LLP

CFPB issues first application approval for company to issue standards for open banking

On January 8, the CFPB issued an order recognizing a company as a standard-setting body under its Personal Financial Data Rights rule, marking the first such recognition since the rule’s October 2024 release. The rule...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Department of Financial Services Releases Guidance on Combating Cybersecurity Risks Associated With AI

On October 16, 2024, the New York State Department of Financial Services (NYDFS) released guidance highlighting the cybersecurity risks associated with artificial intelligence (AI) and how covered entities regulated by NYDFS...more

Nutter McClennen & Fish LLP

Nutter Bank Report: October 2024

The CFPB has approved a final rule that requires banks and certain other financial services providers to share a consumer’s personal financial data with another provider at the consumer’s request. The CFPB’s Personal...more

BCLP

Key Concepts In Privacy Law for Insurance Carriers: Part 1 - GLBA

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This article is the first in a series that will address privacy concerns for insurance carriers, agents and brokers. The insurance industry is uniquely situated at the confluence of multiple data privacy regimes....more

Latham & Watkins LLP

CFPB Finalizes Open Banking Rule

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The rule aims to reduce market concentration by guaranteeing consumer access to personal financial data, but faces strident criticism and immediate legal challenge....more

Sheppard Mullin Richter & Hampton LLP

CFPB Finalizes Personal Financial Data Rights Rule

On October 22, the CFPB announced the finalization of its Personal Financial Data Rights Rule under Section 1033 of the Dodd-Frank Act. The rule aims to bring the U.S. closer to an “open banking” framework by making it easier...more

A&O Shearman

Zooming In on AI - #6: AI under financial regulations in the U.S., EU and U.K.

A&O Shearman on

Many governments are grappling with the question of how to regulate artificial intelligence to ensure it is adopted safely and used responsibly without hampering innovation. Governments have generally indicated similar...more

Mintz - Privacy & Cybersecurity Viewpoints

Rhode Island Enacts Comprehensive Privacy Law

Rhode Island Governor Daniel McKee allowed the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”) to pass on June 25, 2024 when he transmitted the bill back to the legislature without signature, making...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fintech Focus Podcast | What Does AI Safety Mean For Fintechs?

Fintech Focus host and European counsel Joseph Kamyar was joined by fellow fintech counsel Nicola Kerr-Shaw, a key senior member of our global Cybersecurity and Data Privacy Practice and authority on AI-related issues, for...more

Estlund Law, P.A.

United States and Lyon, France: Reputational Repair After an INTERPOL Red Notice Win: Banking and Finances (Part 1 of 3)

Estlund Law, P.A. on

Once the hard part of dealing with INTERPOL is over, and an individual’s Red Notice is removed, many difficulties that come with a Red Notice become obsolete. Though this is true, occasionally there are remaining challenges,...more

Health Care Compliance Association (HCCA)

Privacy Briefs: February 2024

The American Hospital Association (AHA) has warned that information technology (IT) help desks are being targeted in a social engineering scheme that uses the stolen identity of revenue cycle employees or employees in other...more

Cadwalader, Wickersham & Taft LLP

CFPB's Personal Financial Data Rights Proposed Rule, Part 4

This final installment of our coverage on the Consumer Financial Protection Bureau’s proposed rule regarding “personal financial data rights” builds upon concepts and concerns covered in our earlier posts. For an overview of...more

A&O Shearman

D&I in FS: Data protection and D&I reporting

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The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) are consulting on proposals to introduce a new financial services regulatory framework on diversity and inclusion (D&I) in the financial...more

Cadwalader, Wickersham & Taft LLP

Technology and Other Obligations for the CFPB's Personal Data Financial Rights Rule, Part 3

In our continuing series on the proposed rule introduced by the Consumer Financial Protection Bureau (“CFPB”) regarding Personal Data Financial Rights, this week’s installment examines the obligations that are applicable to...more

Goodwin

“Open Banking” Promoted in New CFPB Rule

Goodwin on

​​​​​​​In October 2023, the Consumer Financial Protection Bureau (CFPB) proposed a new rule intended to encourage “open banking”. “Open banking” is a practice of sharing, with consent, consumers’ banking and financial data...more

Cadwalader, Wickersham & Taft LLP

Entities Subject to the CFPB's Personal Data Financial Rights Proposed Rule, Part 2

As we reported last week, the Consumer Financial Protection Bureau (“CFPB”) released a proposed rule addressing “personal data financial rights.” Comments are due on December 29, 2023....more

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