On December 27, 2024, the United States Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued a proposed rule to improve data protection measures in the healthcare sector.
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SEC issues $7 million in disclosure fines to SolarWinds victims
On October 22, 2024, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) issued a series of orders imposing almost $7 million in disclosure fines against four global digital service providers impacted by the 2020 SolarWinds compromise. The SEC accused
SEC statement clarifies material cybersecurity incident disclosure requirement
SEC final rule on reporting material cybersecurity incidents
In July 2023, the US Securities and Exchange Commission (SEC) finalized its rule requiring public companies to disclose material cybersecurity incidents under Item 1.05 of Form 8-K. Though materiality is not a
Biden administration issues Executive Order and takes action to enhance maritime cybersecurity
On February 21, 2024, President Biden signed an Executive Order and issued several federal rules aimed at improving the cybersecurity of U.S. ports and maritime supply chains. The measures introduce new cybersecurity requirements and standards for stakeholders of the U.S.
US SEC charges SolarWinds and its CISO for alleged cybersecurity misstatements and controls failures
On October 30, 2023, the SEC announced charges against SolarWinds and its Chief Information Security Officer Timothy Brown.
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Special thanks to Law Clerk Ian Slingsby (Washington, DC) for his assistance in the
President Biden issues sweeping artificial intelligence directives targeting safety, security and trust
On October 30, 2023, after recognizing that Artificial Intelligence (AI) is the most consequential technology of our time and anticipating that it will accelerate more technological change in the next five to ten years than witnessed in the past fifty
TSA Transitions To Results-Based Approach in Revised Pipeline Cybersecurity Directive In Response to Industry Feedback
The Transportation Security Administration (“TSA”) announced on July 21, 2022 that it is transitioning to a less prescriptive and more result-based approach in its revised emergency cybersecurity directive for critical gas and liquid pipeline companies. The Security Directive Pipeline-2021-02C (“SD02C”), effective July 27, 2022, represents a significant departure from the highly prescriptive requirements set forth in its predecessor directives (SD 2021-02A and SD 2021-02B) issued by the TSA last year.
New PCI DSS v4.0 – Flexibility added
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 requirements for service providers (now called TPSPs—third party service providers). Of those new requirements, 13 are effective immediately for anyone undergoing a PCI DSS v4.0 assessment; 51 are “best practice” until March 31, 2025, at which time they will be mandatory. In addition, each requirement now includes an entry for “Customized Approach Objective,” because the Council will allow entities to adopt an approach that “does not strictly follow the defined requirement” as long as it meets the stated objective in accordance with the Council’s requirements. The Council noted that this new approach “is intended for risk-mature entities that demonstrate a robust risk-management approach to security, including, but not limited to a dedicated risk-management department or an organization-wide risk management approach.” (Standards at 28.) The previous version of PCI DSS (3.2.1) is retired as of March 31, 2024. Either PCI DSS 3.2.1 or 4.0 can be used for assessments between now and March 31, 2024 (page 36).
Congress Agrees – 72-Hour Cyber Incident Reporting Requirement to Take Effect
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
Proposed cybersecurity rules for SEC registered advisers and funds
On February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) released a proposal aimed at enhancing cybersecurity risk management programs, including cybersecurity preparedness and response, for registered investment advisers (“advisers”), investment companies and business development companies (“funds”). Overall, the