Topic: Compliance and risk management

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Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information

Data Protection Report - Norton Rose FulbrightOn November 21, 2018, the Pennsylvania Supreme Court broke new ground by holding that employers have a legal duty to take reasonable care to safeguard its employees’ sensitive personal information from cyberattacks. … Continue reading

EDPB clarifies territorial scope of the GDPR

Norton Rose Fulbright - Data Protection Report blogOn November 23, 2018, the European Data Protection Board (“EDPB”) issued highly anticipated draft Guidelines (the “Guidelines”) on the territorial scope of the GDPR. See our previous blog posts on the GDPR here and here. The Guidelines provide some clarity around the scope and applicability of the GDPR to data Controllers and Processors both inside … Continue reading

New China Guideline for Internet Personal Information Security Protection

On November 30, 2018 the Cyber Security Protection Bureau, under the auspices of the PRC Ministry of Public Security (the “MPS”), issued a draft Guideline for Internet Personal Information Security Protection (the “Guideline”) along with a request for public comments.… Continue reading

Cybersecurity and the SEC

Data Protection Report - Norton Rose FulbrightThe U.S. Securities and Exchange Commission (“SEC”) may not be the first agency that comes to mind with respect to cybersecurity, but the SEC has been in the headlines recently with respect to cyber fraud in particular. Earlier this month, the SEC promulgated a report urging companies to take preventive measures against cyber fraud.… Continue reading

If you don’t know why November 1 is a big day in Canada, read this!

Like many organizations in Canada, yours is probably not fully prepared for the mandatory breach reporting requirements coming into force under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) November 1, 2018. Here are three measures your organization ought to take in preparation for mandatory breach reporting: 1. Implement internal breach reporting and … Continue reading

CCPA extends “right to deletion” to California residents

Data Protection Report - Norton Rose FulbrightFollowing Europe’s lead and some recent high profile scandals involving the use of personal information, California passed the California Consumer Privacy Act which goes into effect on January 1, 2020. (You can find our coverage of it here.) The law, the first of its kind in the US, is an omnibus privacy law for the … Continue reading

UK Government guidance on continued EU-UK data flows upon a no deal Brexit

Data Protection Report - Norton Rose FulbrightOn 13 September 2018 the UK government’s Department for Digital, Culture, Media & Sport published a notice, Data Protection If There’s No Brexit Deal (the Notice). The Notice sets out the actions UK organisations should take to enable the continued flow of personal data between the UK and the EEA in the event that the … Continue reading

New law imposes disclosure requirements on software licensors

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK | Norton Rose FulbrightAs a result of the 2019 National Defense Authorization Act, the Secretary of Defense implemented new disclosure obligations on software licensors whose software code has been reviewed or accessed by a foreign government. The Act was signed into law on August 13, 2018 and will significantly impact software licensors who engage with the federal government’s … Continue reading

California Consumer Privacy Act blog series: Covered entities

Data Protection Report - Norton Rose FulbrightThis is the Data Protection Report’s second blog in a series of blogs that will break down the major elements of the CCPA which will culminate in a webinar on the CCPA in October. This blog focuses on covered entities. Stay tuned for additional blogs and information about our upcoming webinar on the CCPA.… Continue reading

FERC issues notice of proposed rulemaking to extend reporting requirements for cyberattacks targeting the energy sector

Data Protection Report - Norton Rose FulbrightOn July 23 and 25, 2018, the U.S. Department of Homeland Security (DHS) held public briefings about an attempt by a state-sponsored Russian hacking group to target control systems for U.S. electrical grids and power plants. DHS’ webinar explained that the hackers obtained access to vendors providing computer services to electric utilities companies. This initial … Continue reading

US states pass data protection laws on the heels of the GDPR

Data Protection Report - Norton Rose FulbrightSeveral U.S. states have recently introduced and passed legislation to expand data breach notification rules and to mirror some of the protections provided by Europe’s newly enacted General Data Protection Regulation (“GDPR”). See our previous blog posts on GDPR here and here.   Like their European counterparts, these state laws are intended to provide consumers with … Continue reading

California passes major legislation, expanding consumer privacy rights and legal exposure for US and global companies

Norton Rose Fulbright - Data Protection Report blogOn June 28, 2018, California lawmakers enacted the California Consumer Privacy Act of 2018 (the “CCPA”) a sweeping, GDPR-like privacy law which is intended to give California consumers more control over how businesses collect and use their data. The new law is set to take effect on January 1, 2020 which means the California legislature … Continue reading

One week into GDPR – what you need to know

Norton Rose Fulbright - Data Protection Report blogWebsites go dark, complaints are filed within an hour, European Commission suffers an embarrassing data leak, and the US Commerce Secretary warns about the unintended trade impact of the law – all in the first week of the GDPR The European Union’s far-reaching General Data Protection Regulation (GDPR) went into effect on 25 May amid … Continue reading

GDPR is upon us: are you ready for what comes next?

Norton Rose Fulbright - Data Protection Report blogThe wait is finally over—this Friday the European Union General Data Protection Regulation (GDPR) will come into force. For many readers of this post, a huge amount of work will have been done in recent months in building up to compliance with the new regime. However, the challenges of GDPR certainly don’t end on the … Continue reading

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK

Data Protection Report - Norton Rose FulbrightThe UK NIS Regulations (implementing the NIS Directive) come into force in the UK today (10 May 2018). These Regulations have received limited press attention, in part due to the emphasis that has been placed on GDPR implementation. However, the NIS Regulations represent a significant change in the legal environment relating to cybersecurity in the … Continue reading

Massachusetts Senate passes data protection bill targeting consumer credit agencies

Data Protection Report - Norton Rose FulbrightOn Thursday, April 26, 2018, the Massachusetts Senate unanimously passed a data breach protection bill that strengthens consumer protections after security breaches involving consumer credit reporting agencies.  If passed, the proposed legislation would amend Massachusetts’s current breach notification law.  The bill aims to help consumers protect their sensitive information before, during, and after a data … Continue reading

California privacy initiative likely to increase costs of civil litigation if passed in November

Norton Rose Fulbright - Data Protection Report blogA little more than one month from implementation of GDPR, companies may be tempted to relax and exhale (and if GDPR is still causing you headaches, consult our checklist). After all, the U.S. couldn’t be crazy enough to implement something as onerous and difficult, right? RIGHT?!? Enter California, which appears likely to place an initiative … Continue reading

Singapore PDPC responds to feedback on public consultation on approaches to managing personal data

Data Protection Report - Norton Rose FulbrightOn 1 February 2018, Singapore Personal Data Protection Commission (PDPC) released its response to feedback on its public consultation on approaches to managing personal data in the digital economy, which took place in Q3 2017 (the Public Consultation). The purpose of  the Public Consultation, was to seek public feedback on proposed changes to Singapore’s data … Continue reading

German DPAs publish templates and guidance on records of processing activities pursuant to Art. 30 GDPR

Data Protection Report - Norton Rose FulbrightThe German Data Protection Authorities (DPAs, acting as the German Data Privacy Conference, Konferenz der unabhängigen Datenschutzbehörden des Bundes und der Länder) recently published templates for the records of processing activities for controllers (Art. 30 para. 1 GDPR) and processors (Art. 30 para. 2 GDPR) together with a corresponding guidance document. This guidance was expected to be released earlier … Continue reading

Working party publishes draft of GDPR guidelines for Article 49 (export derogations)

Data Protection Report - Norton Rose FulbrightOn February 12, 2018, the Article 29 Working Party (WP29) published guidance regarding Article 49 of the General Data Protection Regulation (GDPR) for public comment.  The deadline for submitting comments on the draft is March 26, 2018, and responses should be emailed to JUST-ARTICLE29WP-SEC@ec.europa.eu. Like the current EU Data Protection Directive, the GDPR prohibits the … Continue reading

Discovery of New Internet of Things (IoT) Based Malware Could Put a New Spin on DDoS Attacks

Norton Rose Fulbright - Data Protection Report blogSlightly over one year ago, several major distributed denial-of-service (“DDoS”) attacks took place, including a major event affecting the domain name service provider Dyn, which caused outages and slowness for a number of popular sites, including Amazon, Netflix, Reddit, SoundCloud, Spotify, and Twitter. Now, a new Internet of Things (IoT) botnet, called IoT Reaper, or … Continue reading
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