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Data privacy and data security concerns have been a constant occurrence since humans began using computers. Along with the rapid proliferation of the internet came the commoditization of consumers’ personal data. This is a direct consequence of businesses’ dependence on data. But, in using the data, companies open themselves up to additional risk. The economic impacts and reputational consequences to businesses are more complex and more significant than ever before. Quickly-evolving global regulations around data protection have triggered sweeping corporate compliance initiatives around the world. Simultaneously, consumers are becoming more knowledgeable about their rights to control access, use, storage and sharing of their personal data. The result is a tremendous responsibility on companies to stand up the necessary processes and controls to protect the personal data of its consumers — immediately. Companies are scrambling to develop a data protection program that aligns with the General Data Protection Regulation (GDPR) and other data protection regulations. As businesses develop data protection frameworks to ensure compliance, it is important for companies to design a data protection program that contemplates data privacy and data security individually, to achieve the most comprehensive data protection program.
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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
By David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
New York’s Latest Cybersecurity Commitment
By Erik B. Weinick
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.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
By Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
By Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.