Topic: Compliance and risk management

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

By Jeewon Kim Serrato (US), Chris Cwalina (US), Anna Rudawski (US), Tristan Coughlin* (US) and Katey Fardelmann (US) on July 9, 2018 Posted in Compliance and risk management, Regulatory response

Data Protection Report - Norton Rose Fulbright

Several 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

Retailers must upgrade online credit card processing security by June 30

By Susan Ross (US) on June 22, 2018 Posted in Compliance and risk management, Cybercrime

By June 30, 2018, retailers accepting digital (online) credit card transactions must cease using encryption protocols known as SSL or TLS 1.0. Retailers must transition to TLS 1.1 or higher (such as the popular TLS 1.2) or else lose the ability to accept credit card payments.… Continue reading

One week into GDPR – what you need to know

By Jeewon Kim Serrato (US), Marcus Evans (UK), Ffion Flockhart (UK) and Steven Hadwin (UK) on June 4, 2018 Posted in Compliance and risk management

Norton Rose Fulbright - Data Protection Report blog

Websites 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?

By Jeewon Kim Serrato (US), Steven Hadwin (UK) and Marcus Evans (UK) on May 23, 2018 Posted in Compliance and risk management, Regulatory response

The 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

By Steven Hadwin (UK) on May 10, 2018 Posted in Compliance and risk management, Regulatory response

The 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

By on May 8, 2018 Posted in Compliance and risk management

On 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

By Spencer Persson (US) on April 23, 2018 Posted in Compliance and risk management

A 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

NIST releases latest version of its Cybersecurity Framework

By on April 19, 2018 Posted in Compliance and risk management

On April 16, 2018, the National Institute of Standards and Technology (NIST) unveiled Version 1.1 of its widely known Cybersecurity Framework, which incorporates changes based on feedback collected through comments, questions, and workshops held in 2016 and 2017.… Continue reading

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

By Stella Cramer (SG), Wilson Ang (SG), Jessica Paulin (SG), David Olds (SG) and Jeremy Lua (SG) on March 11, 2018 Posted in Compliance and risk management, Data breach, Regulatory response

On 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

By Christoph Ritzer (DE) on March 5, 2018 Posted in Compliance and risk management

The 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)

By David Kessler (US) and Anna Rudawski (US) on March 5, 2018 Posted in Compliance and risk management

On 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

European Commission issues new GDPR guidance

By Alexis Wilpon (US) on January 24, 2018 Posted in Compliance and risk management

The GDPR will come into force exactly four months from Thursday. In preparation, the European Commission has released a new website with extensive guidance on GDPR implementation, together with a Fact Sheet containing Q&As on the GDPR. While much of the guidance is already known to privacy professionals, there are new insights as well.… Continue reading

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

By Norton Rose Fulbright on November 3, 2017 Posted in Compliance and risk management, Cybercrime

Slightly 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

“But the emails” – companies’ SEC filings reflect ransomware risks

By Anna Rudawski (US) on September 11, 2017 Posted in Compliance and risk management, Data breach

The Equifax breach will likely devour the entire breach news cycle in the near term, given the size of the incident and that it gets to the essence of the company’s business of maintaining some of the most sensitive consumer information. Still, in what for the moment might seem like a more pedestrian risk, companies … Continue reading

UK data protection after Brexit – UK government Statement of Intent contains few surprises

By Marcus Evans (UK) and Shiv Daddar (UK) on August 16, 2017 Posted in Compliance and risk management, Regulatory response

On the 7th August 2017, the UK’s Government Department for Digital, Culture, Media and Sport issued a Statement of Intent (the Statement) outlining its planned reforms of the UK’s data protection laws which are to be implemented by the Data Protection Bill (the Bill). The Statement anticipates the UK’s departure from the EU and makes … Continue reading

German court: monitoring of employees by key logger is not allowed

By Christoph Ritzer (DE) on August 8, 2017 Posted in Compliance and risk management, Dispute resolution and litigation

The German federal labor court held in a recent decision (Bundesarbeitsgericht, 27 July 2017 – case no. 2 AZR 681/16) that the use of evidence obtained through the use of key logger software is not permitted under current German privacy law, if there is no suspicion of a criminal offense. Such monitoring is only allowed … Continue reading

US Senators introduce IoT cybersecurity bill

By Anna Rudawski (US) on August 3, 2017 Posted in Compliance and risk management, Regulatory response, Vendor management and transactions

On August 1, 2017, US Senators unveiled a bipartisan bill to mandate baseline cybersecurity requirements for internet connected devices purchased by the federal government. Recent attacks demonstrate that connected devices, which make up the Internet of Things (“IoT”), can paralyze websites, networks, and even components of critical infrastructure. The draft bill, introduced by a bipartisan … Continue reading

US Coast Guard Releases Draft Cybersecurity Guidelines

By Anna Rudawski (US) on July 26, 2017 Posted in Compliance and risk management, Regulatory response

On July 11, 2017, the US Coast Guard (USCG) and the Department of Homeland Security (DHS) proposed new cybersecurity draft guidelines for Maritime Transportation Security Act (MTSA) regulated facilities. The guidelines follow the White House’s May 2017 Executive Order to strengthen the cybersecurity of critical infrastructure. The draft guidelines are open for public comment until … Continue reading

Hong Kong Company Director Convicted Under Personal Data (Privacy) Ordinance

By Anna Gamvros (HK) and Ruby Kwok (HK) on July 19, 2017 Posted in Compliance and risk management, Regulatory response

A director of a Hong Kong company has been convicted of an offence under the Personal Data (Privacy) Ordinance (“PDPO”). This is the first conviction of its type under the PDPO since the law came into effect in 1996, confirming the potential for directors’ liability under the law.… Continue reading

China Seeks Comment on Draft Regulation on Critical Information Infrastructure

By Barbara Li (CN), Anna Gamvros (HK) and Ruby Kwok (HK) on July 17, 2017 Posted in Compliance and risk management, Regulatory response

On 10 July 2017 the Cyberspace Administration of China (CAC) issued a draft Regulation on the Protection of Critical Information Infrastructure (CII Regulation) for public comment. The comment period ends on 10 August 2017. This long-anticipated regulation, formulated pursuant to Article 31 of the Cyber Security Law of China (Cyber Security Law), is a key … Continue reading

The Privacy Implications of Autonomous Vehicles

By Norton Rose Fulbright on July 17, 2017 Posted in Compliance and risk management, Regulatory response

This is the first of a two-part series discussing the privacy and security issues associated with the widespread use of automated vehicle technology. This first post focuses on potential privacy issues, while the second post – coming soon – will address security issues. Background As the development and testing of self-driving car technology has progressed, the … Continue reading

Singapore – Comprehensive Cyber Bill Published For Consultation

By Stella Cramer (SG), Wilson Ang (SG) and Jeremy Lua (SG) on July 15, 2017 Posted in Compliance and risk management, Regulatory response

Overview: On 10 July 2017, the Singapore Government unveiled its draft Cybersecurity Bill (the Bill) and announced a public consultation to seek views and comments from the industry and members of public. The public consultation runs from 10 July to 3 August 2017.This Bill comes on the back of various moves by the Singapore Government … Continue reading

New Global Cyberattack Affects Businesses, Government, and Infrastructure

By Norton Rose Fulbright on June 30, 2017 Posted in Compliance and risk management, Cybercrime

A new strain of malware began infecting computer systems across the globe on Tuesday. Similar to the WannaCry ransomware that struck last month, the malware used in this week’s attack spreads quickly across multiple computers on a network, encrypting files and displaying a ransom note that requests $300 worth of bitcoin for a decryption key. … Continue reading