Autonomous Vehicles – Canada’s Current Legal Framework: Cybersecurity Considerations (Part 2)

By Liana Di Giorgio (CA) and Imran Ahmad (CA) on November 22, 2022 Posted in Cybersecurity, Data Protection

The emergence of autonomous vehicles (AVs) in Canada will present a number of cybersecurity challenges and risks.  AV manufacturers will need to consider these risks and address them early in the design and development process of their products. In this post, we discuss some of the key cybersecurity risks associated with AVs, strategies to mitigate … Continue reading

BIPA Year in Review: Where Are We Now and What’s Coming Next?

By Anna Rudawski (US) and Alexis Wilpon (US) on November 16, 2022 Posted in General

2022 has been a record year for Illinois Biometric Information Privacy Act (“BIPA”) litigation. Since its enactment in 2008, BIPA has been one of the most litigated privacy-related laws with some of the highest penalties. However, it wasn’t until last month that the first BIPA jury verdict was ever rendered.  The award, a whopping $228 … Continue reading

NYDFS proposes significant cybersecurity regulation amendments

By Dan Pepper (US) and Susan Ross (US) on November 14, 2022 Posted in Cybersecurity

On November 9, 2022, the New York Department of Financial Services (NYDFS) officially proposed changes to its cybersecurity regulation and opened a 60-day public comment period.  NYDFS had issued a “pre-proposed” version of the changes in July of this year, which we had summarized here.  NYDFS retained many of those earlier proposed changes, and made … Continue reading

Contracting for Cybersecurity Risks: Mitigating Weak Links

By Liana Di Giorgio (CA) and Tiana Corovic (CA) on November 9, 2022 Posted in Cybersecurity, Data breach, Data Protection

Managing vendor risks includes putting pen to paper. Organizations are increasingly susceptible to risks outside their controlled IT infrastructure as they engage third-party vendors to manage online platforms and process data. Even though an organization may have little to no control over a vendor’s security practices, it bears the ultimate responsibility for safeguarding its own … Continue reading

CISA Releases New Infrastructure Cybersecurity Goals for Critical Infrastructure

By Dan Pepper (US) on November 7, 2022 Posted in General

On October 27, 2022, the Cybersecurity & Infrastructure Security Agency (“CISA”), in partnership with the National Institute of Standards and Technology (“NIST”) and the interagency community, published the first iteration of its cross-sector Cybersecurity Performance Goals (“CPGs”). Drafted in response to President Joe Biden’s July 2021 National Security Memorandum on Improving Cybersecurity for Critical Infrastructure … Continue reading

Ignoring cyber threats can affect your job—and haunt your next one

By Susan Ross (US) on November 3, 2022 Posted in Cybersecurity

On October 21, 2022, the US Department of Health and Human Services, along with the FBI and the Cybersecurity Infrastructure and Security Agency (CISA), issued a bulletin warning that a cyber threat actor group known as “Daixin Team,” is actively targeting US businesses, predominantly in the healthcare and public health sectors, with ransomware and data … Continue reading

What you should do now in light of the Privacy Reform bill

By Ross Phillipson and Anna Gamvros (HK) on October 26, 2022 Posted in Cybersecurity, Privacy law

Major privacy law reform in Australia gathered pace this week, with newly tabled legislation proposing to significantly increase penalties for privacy breaches, among other reforms. Now is the time to start asking questions In preparation for these reforms, companies that collect and process personal information should be asking the following questions: Do we know what … Continue reading

NYDFS settles with EyeMed for $4.5 million

By David Kessler (US) and Susan Ross (US) on October 24, 2022 Posted in Cybersecurity, Data breach

On October 18, 2022, the New York Department of Financial Services announced a settlement with EyeMed, a licensed life, accident, and health insurer, with respect to a security incident that occurred in 2020.  The settlement claimed that EyeMed had committed seven violations of the NYDFS Cybersecurity Regulation, including failure to have an appropriate annual risk … Continue reading

Privacy and Cybersecurity Due Diligence Considerations in M&A Transactions

By Liana Di Giorgio (CA) on October 24, 2022 Posted in Cybersecurity, Data Protection, M&A Transactions, Privacy law

Privacy and cybersecurity practices of target companies are being increasingly scrutinized throughout the due diligence process in M&A transactions. Particularly, buyers want to understand the risk and value inherent in sellers’ data assets and sellers want to manage transactional and post-closing risks. In the course of their privacy and cybersecurity due diligence, buyers should consider … Continue reading

Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities: Paving the way toward adequacy

By Shiv Daddar (UK), Marcus Evans (UK) and Lara White (UK) on October 18, 2022 Posted in Privacy law

As reported in our previous blogpost, on 7 October 2022, the US White House published an Executive Order on enhancing safeguards for United States signals intelligence activities (EO). In this blogpost, we set out the key points to note, including the background to the EO, what it does and does not do and what organisations … Continue reading