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GDPR & CCPA Are Just the Beginning
Data privacy and cybersecurity are easily the hot button issues of the decade. For many organizations, preparing to comply with the EU's General Data Protection Regulation (GDPR), effective as of May 25, 2018, was a herculean feat and those efforts continue as new guidance is released and companies look to improve their data privacy governance and compliance programs. The most significant overhaul to the EU's data privacy policies in over 20 years, with extraterritorial reach, the new regime forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs.
But the GPDR was just the beginning. Not long after its implementation, the California Consumer Privacy Act of 2018 (CCPA) — which has provisions similar to, but not identical to the GDPR — was ratified to come into effect as of Jan. 1, 2020, with enforcement deferred until July 1, 2020. Since the CCPA's enactment, all 50 states have either introduced their own data privacy legislation or amended their data breach notification laws. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.
The End of the Beginning
In California's wake, South Carolina and Vermont are the latest U.S. states to enact their own unique data protection legislation, taking an industry-centric approach — an approach other states are expected to emulate in the very near future.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.