Topic: Cybersecurity

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CISA issues proposed rules for cyber incident reporting in critical infrastructure

On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) published a Notice of Proposed Rulemaking for the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which imposes new reporting requirements for entities operating in critical infrastructure sectors. The CIRCIA was originally enacted in part as a response to recent attacks on … Continue reading

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. Marine Transportation System (MTS) and increase the authority of the U.S. Coast Guard in its … Continue reading

Significant amendments to the Singapore Cyber Security Act set to have implications for the cybersecurity landscape

On 15 December 2023, the Cyber Security Agency of Singapore (CSA) released the draft Cybersecurity (Amendment) Bill (Draft Bill), which seeks to amend the Cyber Security Act 2018 (CS Act), for public consultation. The public consultation concluded on 15 January 2024. The consultation paper and the Draft Bill can be accessed here. The proposed changes … Continue reading

International Data Privacy Day: Unpacking recent significant ECJ decisions

A flurry of significant European Court of Justice judgments relating to data protection were published in the final few months of 2023. In celebration of International Data Privacy Day, in this 1 hour webinar our European data protection specialists will unpack the following four important judgments, looking at what was decided by the Court and … Continue reading

The EU AI Act: What obligations will apply to your business?

Political agreement was achieved at the beginning of December in relation to the EU’s AI Act (AIA) – the first major step in the regulation of artificial intelligence. Although the final texts are not yet available, the key elements are clear, with the “risk-based” approach at the heart of the AIA. Working from the last … Continue reading

$8 million penalty to NYDFS – and another case of over-retention

2024 was not a happy new year for Genesis Global Trading, Inc. (“GGT”).  On January 3, 2024, the New York Department of Financial Services announced a consent order with GGT, where GGT agreed to pay NYDFS $8 million and to surrender its BitLicense (for cryptocurrency trading), due to alleged violations of NYDFS’ cybersecurity and its … Continue reading

Managing AI risks and legal implications, effective cybersecurity, ensuring privacy and the integrity of organizational records

Coloured lightsIn a world where generative AI is driving innovation and technology is outpacing legislation, there’s a lot for companies to consider to maintain operational effectiveness and minimize risk. To help provide some guidance, Norton Rose Fulbright Canada hosted its 2023 technology, privacy and cybersecurity virtual summit. Our leading lawyers were joined by prominent industry leaders … Continue reading

PART II: Legislative advances in the world of artificial intelligence, Canada

Motherboard curcuitOn October 5, the Minister of Innovation, Science and Industry (ISED) wrote a letter to the Standing Committee on Industry and Technology proposing amendments to Artificial Intelligence and Data Act (AIDA), which was introduced as part of Bill C-27 in June 2022. Further information on AIDA can be found in our previous update. The letter … Continue reading

Advances in artificial intelligence legislation in Canada (Part I)

Motherboard circuitOn September 27, the Minister of Innovation, Science and Industry released a voluntary code of conduct specific to generative AI. This GenAI code follows the proposed Artificial Intelligence and Data Act (AIDA), which was introduced as part of Bill C-27 in June 2022 but will not likely be in force until 2025. Beyond risk mitigation, … Continue reading

US SEC charges SolarWinds and its CISO for alleged cybersecurity misstatements and controls failures

Coloured lightsOn October 30, 2023, the SEC announced charges against SolarWinds and its Chief Information Security Officer Timothy Brown. Read our full analysis at www.nortonrosefulbright.com. Special thanks to Law Clerk Ian Slingsby (Washington, DC) for his assistance in the preparation of this content.… Continue reading

NYDFS releases major update to Part 500 cybersecurity requirements for financial services companies

On November 1, 2023, the New York Department of Financial Services (“NYDFS”) released the finalized amendments of Part 500 of its cybersecurity regulations. These revisions represent the most significant modifications since the enactment of the rules in March 2017. Noticeably, covered entities are now subject to new requirements imposing heightened responsibilities on Chief Information Security … Continue reading

2023 Technology privacy and cybersecurity summit | 1 November 2023

Coloured lightsNorton Rose Fulbright Canada invites you to our annual technology, privacy and cybersecurity virtual summit. Navigating the evolving world of technology is not easy for companies today. From AI to effective company records management, privacy considerations, and cybersecurity breaches, there’s a lot to consider as businesses work to maximize operational effectiveness and minimize risk. Join … Continue reading

Hong Kong: Revised Breach Handling and Notifications Guidance published by the PCPD

As data breaches and cyber-attacks continue to surge and attackers become more sophisticated, a comprehensive data breach response plan and robust data security measures are becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD) recently published a revised Guidance on Breach Handling and Data Breach Notifications (the … Continue reading

US SEC issues final rule on cybersecurity disclosures

On July 26, 2023, the US SEC issued the long-awaited final rules for public companies and foreign private issuers requiring rapid disclosure of material cybersecurity incidents as well as periodic disclosure of cybersecurity risk management and policies and procedures (the “SEC Final Rule”).  The SEC Final Rule reflects the SEC’s desire to standardize company disclosures … Continue reading

Deal-maker or deal-breaker: the legal ins and outs of using AI in M&A

Deals involving AI bring about specific and unique issues for consideration during the due diligence process. Understanding the specific challenges created by AI is important for companies to ensure that the AI technology holds genuine value and would not raise red flags during the course of a transaction. Some important advice for companies looking to … Continue reading

UK Pensions briefing: Cybersecurity for pension schemes – where are we now?

Cybercrime is big business and it’s growing. Is your scheme adequately protected in the event of an attempted cyberattack? Our publication Taking action on pension scheme cybersecurity set out the main cyber threats and outlined the steps that trustees could and should take to protect their schemes’ and members’ interests. It should be read in conjunction with … Continue reading

Everyone is using ChatGPT what does my organisation need to watch out for

In December 2022, OpenAI released ChatGPT, a powerful AI-powered chatbot that could handle users’ questions and requests for information or content in a convincing and confident manner. The number of users signing up to use the tool increased very rapidly, with users using the tool to write letters, edit text, generate lists, prepare presentations and … Continue reading

Building Cyber Resiliency In the Energy Sector

For the energy sector, cybersecurity has been a top-of-mind issue for some time. This is particularly true given some of the high-profile cyber-attacks seen in recent years that have grabbed not only media headlines but also resulted in operational disruption, financial losses and legal exposure. The challenge with cybersecurity is attacker tactics are constantly evolving … Continue reading

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

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)

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

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

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

Data Protection Report - Norton Rose FulbrightIn 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
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