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Legislative Heat Wave: A Mid-Year Review of Upcoming Cybersecurity Laws and Enforcement Activity Image

Legislative Heat Wave: A Mid-Year Review of Upcoming Cybersecurity Laws and Enforcement Activity

Michael Bahar, Sarah Paul, Mary Jane Wilson-Bilik & Ali Jessani

While legislation to enhance data privacy rights and obligations continue to make headlines, regulators and legislators are also stepping up their cybersecurity expectations. In the first half of 2019, a number of states have updated their existing data breach notification laws and passed new cybersecurity requirements.

Features

SHIELD Act Signed in NY Image

SHIELD Act Signed in NY

F. Paul Greene

<b><i>Defines Data Breach and Requires Data Security Controls</b></i><p>New York has brought itself into line with a number of states concerning how they define a data breach, and, where applicable, what substantive security controls they require.

Features

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability

Patrick Campbell, Jonathan New & Madison Gaudreau

This article explores legal developments over the past year that may impact compliance officer personal liability.

Features

Are Companies Playing It Too Safe With GDPR Breach Reporting? Image

Are Companies Playing It Too Safe With GDPR Breach Reporting?

Frank Ready

A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.

Features

Companies Poised To Repeat Data Privacy Compliance Mistakes Image

Companies Poised To Repeat Data Privacy Compliance Mistakes

Phillip Bantz

<b><i>New Study Shows U.S. Companies Are Taking the Same Failed Approach To Complying With California's Privacy Regulation As They Did for GDPR</b></i><p>U.S. companies haven't learned much from the missteps they made while preparing for the European Union's General Data Protection Regulation (GDPR), suggests a new study on data privacy regulation compliance.

Features

State Report: New NJ Data Breach Notification Legislation Signed Image

State Report: New NJ Data Breach Notification Legislation Signed

Suzette Parmley

Legislation expanding the types of personal data that will trigger a required notification to customers in case of a breach, including email addresses and passwords, was signed into law by Gov. Phil Murphy.

Features

State Report: NY Creates Nation's First Regulatory Cybersecurity Division Image

State Report: NY Creates Nation's First Regulatory Cybersecurity Division

Dan M. Clark

New York's financial regulatory agency has created a first-in-the-nation cybersecurity division to place special focus on protecting the state's consumers and industries from digital threats.

Features

Getting Ready for Wide-Ranging Reach of California's Data Privacy Law Image

Getting Ready for Wide-Ranging Reach of California's Data Privacy Law

Samuel Cullari & Alexis Cocco

The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).

Features

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration Image

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration

Joseph F. Savage, Jr. & Marielle Sanchez

Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

Features

Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law Image

Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law

Caroline Spiezio

Tech giants' privacy counsel and U.S. senators discussed opt-in policies, lengthy, legalese-filled privacy notices and location tracking. The discussion aimed to further shape a potential U.S. federal data privacy law.

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