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While 2020 represented a landmark year in data privacy in the U.S., the legal machinations that have taken place so far are showing that things won't slow down much from a regulatory standpoint in 2021. We're still early into the new year and already we've seen a few big news items: new data privacy law proposals, new enforcement for cybersecurity incident notifications, and some major missteps in data security by big companies — with the earth-shattering SolarWinds breach still garnering daily headline news despite it now being months old.
In this Winter 2021 Privacy Alert Roundup, we'll take a look at Virginia's new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.
A comprehensive data protection and privacy bill, titled the Consumer Data Protection Act, has passed the Virginia congress. With notable exceptions the proposal contains privacy and cybersecurity provisions similar to those contained in the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and the E.U.'s General Data Protection Regulation (GDPR).
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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.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil 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.
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