Essential guidance for employers on COVID-19 measures at the workplace from 26 April 2022

By Wilson Ang (SG), Jeremy Lua (SG) and Wang Chen Yan on May 17, 2022 Posted in PDPA, Privacy law

As Singapore takes its next step towards living with COVID-19, the Ministry of Manpower (“MOM”), the Singapore National Employers Federation (SNEF) and the National Trades Union Congress (NTUC) (collectively, the “Tripartite Partners”) have issued a revised set of guidelines for employers on the COVID-19 measures to be implemented at the workplace applicable from 26 April … Continue reading

New PCI DSS v4.0 – Flexibility added

By Chris Cwalina (US), Will Daugherty (US) and Susan Ross (US) on May 16, 2022 Posted in Cybersecurity

On March 31, 2022, the PCI Security Standards Council released the new version of the Payment Card Industry Data Security Standards (version 4.0), which represents an update almost four years in the making.  In addition to some clarifications and rearrangements, the new PCI DSS 4.0 includes 51 new requirements for all entities, and 13 new … Continue reading

Retention of records in South Africa

By Nerushka Bowan on May 4, 2022 Posted in Cybersecurity

This blog was co-authored by: Preshanta Poonan, associate designate. There are several pieces of legislation in South Africa that govern the retention of records. Ensuring efficient record management practices are in place is crucial for compliance with these Acts. Nerushka Bowan & Preshanta Poonan unpack the retention periods and key elements for record keeping in … Continue reading

“Dark patterns?” EDPB draft guidance sets out its expectations on subliminal privacy eroding practices

By Polina Maloshchinskaia on May 3, 2022 Posted in Privacy law

The EDPB has published draft guidance on “dark patterns” in social media (the Guidelines) for consultation. The Guidelines consider in detail common social media interfaces that present the content of privacy policies and collect consent in ways which substantively violate the GDPR requirements, while still pretending to formally comply with them (these methods now termed … Continue reading

Another fine for over-retention of data

By David Kessler (US) and Susan Ross (US) on April 7, 2022 Posted in Compliance and risk management

A third regulator has recently entered into a proposed consent that includes a $500,000 fine based in part on a company’s over-retention of personal data for longer than it was needed.  The first regulator was the French data protection authority, the CNIL, in 2021, which we wrote about here.  The second regulator was the New … Continue reading

Nascent EU/ US Trans-Atlantic Data Privacy Framework: some points to note

By Marcus Evans (UK) and Shiv Daddar (UK) on April 1, 2022 Posted in Privacy law

On 25 March the EU Commission (Commission) and United States (US) announced that they had agreed in principle on a new “Trans-Atlantic Data Privacy Framework” (TADPF) to foster trans-Atlantic data flows and address the concerns raised by Schrems II.  We briefly discuss the implications below. The announcement was very high level and short on detail. … Continue reading

UK proposes rules to protect against anonymous online trolls

By Kerri Gevers (SG) on March 24, 2022 Posted in General

The UK Government has added two new duties to the proposed Online Safety Bill (the Bill) that are aimed at protecting people against anonymous online abuse. These measures would give users of “main social media firms” more control over who can interact with them and the type of content users see (see the Government’s press … Continue reading

The UK’s ICO issues a monetary penalty notice to professional services firm after ransomware attack

By Steven Hadwin (UK) and Tim Jones on March 22, 2022 Posted in Cybersecurity, Data breach, Enforcement, Ransomware, Regulatory response

On 10 March 2022, the Information Commissioner’s Office (ICO) issued a monetary penalty notice to a professional services firm (the Firm) to the tune of £98,000 for a breach of Article 5(1)(f) of the General Data Protection Regulation (GDPR). The Firm was the victim of a ransomware attack which it first became aware of on … Continue reading

SMO v TikTok: representative actions post Lloyd v Google

By Charlie Weston-Simons (UK) and Matt Williams on March 22, 2022 Posted in General

In SMO (A Child) v Tiktok Inc. & Ors [2022] EWHC 489, the High Court considered an alternative basis for bringing a representative claim for loss of control under the GDPR and the Data Protection Act 2018 (DPA 2018) following the Supreme Court’s decision in Lloyd v Google. This case is a pre-Lloyd decision representative … Continue reading

Congress Agrees – 72-Hour Cyber Incident Reporting Requirement to Take Effect

By Chris Cwalina (US), Ashley Zatloukal (US), Anna Rudawski (US), Will Daugherty (US) and Alexis Wilpon (US) on March 16, 2022 Posted in Cybersecurity, Data breach, Ransomware

On March 15, 2022, President Biden signed an omnibus spending bill into law, which, in part, requires companies to report cyber incidents and ransom payments.  The relevant portions of the law, titled the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“Act”) proposes reporting requirements for incidents, establishes new programs to curtail ransomware attacks … Continue reading