Topic: Cybersecurity

Practical steps for businesses to comply with Bill C-27: part 2

In our previous update, we summarized key operational elements that businesses should be aware of under the proposed Consumer Privacy Protection Act (CPPA), and provided practical tips to help businesses comply with these new requirements. As currently drafted, the CPPA codifies a number of best practices and recommendations issued by the Office of the Privacy Commissioner of Canada … Continue reading

Hong Kong: Data Security Measures Guidance published by the PCPD

By Anna Gamvros and Edward Yau (HK) on March 1, 2023 Posted in Cybersecurity

As data breaches and cyber attacks continue to surge and attackers become more sophisticated, organisations are well aware that the need for robust data security measures is becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD) recently published a Guidance Note on Data Security Measures for Information … Continue reading

Autonomous Vehicles – Canada’s Current Legal Framework: Privacy (Part 4)

By Liana Di Giorgio (CA) and Imran Ahmad (CA) on February 23, 2023 Posted in Cybersecurity, Data Protection, Privacy law

Across the globe, the race is already underway among vehicle manufacturers to develop fully autonomous vehicles (AVs). AVs currently under development make sense of their surroundings and control vehicle operation through data gathered about the outside world. Like other connected vehicles, AVs can also collect and use specific personal information about a driver (e.g., through … Continue reading

Bring-Your-Own-Device Programs: A Balance Between Privacy and Cybersecurity

By Liana Di Giorgio (CA), Marisa Kwan, Joseph Cohen-Lyons and Curtis Armstrong on February 16, 2023 Posted in Cybersecurity, Privacy law

A ”bring your own device” (BYOD) program is a popular arrangement used by employers, whereby employees use their personal devices (e.g., smartphones, laptops, or tablets) for both personal and business purposes. Last year, about two-thirds of Canadian private sector employers had at least one employee using personal devices for business-related activities.[1] While the BYOD approach … Continue reading

ICYMI – Late December in privacy and cybersecurity

By David Kessler (US) and Susan Ross (US) on January 30, 2023 Posted in Cybersecurity, Privacy law

Late December and early January tend to be a busy time for everyone, so you may have missed a privacy update or two during that time. We have set out some updates in the form of questions, with some links where you can find more information. Answers are below. 1. Colorado issued a revised draft … Continue reading

Ontario Court of Appeal Limits Application of Tort of Intrusion Upon Seclusion for Cyberattacks

By Travis Walker and Imran Ahmad (CA) on January 16, 2023 Posted in Cybersecurity, Data breach, Data Protection, Privacy law

Data Protection Report - Norton Rose Fulbright

In three recent cases, the Court of Appeal for Ontario effectively curtailed the ability of privacy breach victims to advance claims under the tort of intrusion upon seclusion against organizations for failing to prevent unauthorized access to personal information by third parties. However, while these cases should provide some reassurance that a cyberattack may not … Continue reading

Autonomous Vehicles – Canada’s Current Legal Framework: Liability in Motor Vehicle Accidents (Part 3)

By Suzie Suliman (CA) and Imran Ahmad (CA) on December 16, 2022 Posted in Cybersecurity, Data Protection

As autonomous vehicle (AV) technology continues to grow in functionality and sophistication, it is only a matter of time before AVs become commercially available across Canada. The arrival of autonomous vehicles in Canada will raise a number of liability-related questions that touch on the areas of owner liability, product liability, and auto insurance. In this … Continue reading

Rare recovery in a complex ransomware case: Major NetWalker arrest leads to significant asset seizure

By Andrew McCoomb on December 8, 2022 Posted in Cybercrime, Cybersecurity, Data breach, Data Protection, Ransomware

Norton Rose Fulbright Canada’s cyber litigation team recently obtained an order in favour of an insurer, granting it relief from forfeiture in respect of more than 11 bitcoins from the assets seized from a prolific ransomware gang.[1] This case was the first of its kind and confirms an insurer’s ability to seek recovery for losses … Continue reading

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

Norton Rose Fulbright - Data Protection Report blog

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

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 Cybersecurity

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 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

OSFI’s Technology and Cyber Risk Management Guideline: Part 2

By Imran Ahmad (CA), Shreya Gupta and Suzie Suliman (CA) on October 17, 2022 Posted in Cybersecurity, Privacy law

In July of this year, the Office of the Superintendent of Financial Institutions (OSFI) released the final version of its Guideline B-13 (the Guideline), setting out technology and cyber risk management expectations for all federally regulated financial institutions (FRFIs), such as banks, insurance and trust companies. FRFIs will need to ensure that they have taken steps to … Continue reading

The proposed EU Cyber Resilience Act: what it is and how it may impact the supply chain

By Janine Regan (UK) and Polina Maloshchinskaia on October 17, 2022 Posted in Cybersecurity

On 15 September 2022, the European Commission published its proposal for a new Regulation which sets out cybersecurity related requirements for products with “digital elements”, known as the proposed Cyber Resilience Act (the CRA). The CRA introduces common cybersecurity rules for manufacturers, developers and distributors of products with digital elements, covering both hardware and software. … Continue reading

Autonomous Vehicles – Canada’s Current Legal Framework: A Primer (Part 1)

By Imran Ahmad (CA) and Liana Di Giorgio (CA) on October 5, 2022 Posted in Cybersecurity, Privacy law

In recent years, autonomous vehicle (AV) technology has undergone rapid development and it is predicted that AVs may soon be in a state to displace human driving altogether. In Ontario, the Automated Vehicle Pilot Program is currently in place to permit the testing of certain AVs by vehicle manufacturers. As AV technology continues to develop, however, … Continue reading

OSFI’s Technology and Cyber Risk Management Guideline: Part 1

By Suzie Suliman (CA), Shreya Gupta and Imran Ahmad (CA) on August 29, 2022 Posted in Compliance and risk management, Cybersecurity

On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13 (the Guideline), setting out technology and cyber risk management expectations for all federally regulated financial institutions (FRFIs), such as banks, insurance and trust companies. FRFIs will need ensure that they have taken steps to comply with the requirements … Continue reading

Alberta OIPC’s 2022 PIPA Breach Report – Trends and Key Takeaways

By John Cassell (CA), Imran Ahmad (CA) and Miranda Sharpe on August 16, 2022 Posted in Cybersecurity, Data breach

On July 27, 2022, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its 2022 PIPA Breach Report.[1] The report analyzes the nearly 2,000 breach reports[2] received by the OIPC during the ten year period since reporting was mandated in Alberta under the Personal Information Protection Act (PIPA)[3]. The PIPA Breach … Continue reading

NYDFS proposes significant cybersecurity regulation amendments

By Dan Pepper (US), Susan Ross (US) and Patrick Burke (US) on August 11, 2022 Posted in Cybersecurity

On July 29, 2022, the New York Department of Financial Services (NYDFS) announced a “pre-proposed outreach” of material proposed changes to almost every section of its cybersecurity regulations, and would affect each entity covered by the current regulations of 23 NYCRR Part 500. Because this version is the “preposed” copy of the changes, there is … Continue reading

Draft standard contractual clauses provisions, final security assessment measures and final certification guidelines for cross border data transfer released

By Anna Gamvros and Ruby Kwok (HK) on August 4, 2022 Posted in Cybersecurity

The long awaited details with respect to cross border data transfer under the China Personal Information Protection Law (PIPL) have very recently been published by the Chinese authorities. The details are set out in three documents: final Certification Guidelines for Cross Border Data Transfer (网络安全标准实践指南 – 个人信息跨境处理活动安全认证规范 “) (“Certification Guidelines“) released on 24 June 2022; … Continue reading

TSA Transitions To Results-Based Approach in Revised Pipeline Cybersecurity Directive In Response to Industry Feedback

By Will Daugherty (US) and Patrick Burke (US) on August 2, 2022 Posted in Compliance and risk management, Cybersecurity

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 … Continue reading