The EU Commission recently held a call for evidence on “simplification” of legislation in the data, cybersecurity, and AI space, ahead of a “Digital Omnibus” Act. These changes look to make the EU’s digital rulebook more innovation-friendly, supporting the Commission’s
Data breach
California tightens data breach notification timelines, imposes 30-day notice requirement
California recently signed into law Senate Bill No. 446, which amends its data breach notification law, Section 1798.82 of the Civil Code, to require covered companies to notify affected California residents within 30 calendar days of discovery of the data…
Dutch DPA publishes report on personal data breaches
The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) (Dutch DPA) recently published a report on personal data breaches, which provides valuable insights into the Dutch DPA’s views on incident response. It also contains some helpful statistics.
Increase…
The differences between non-disclosure, exfiltration and notice – a court’s view
By David Kessler and Sue Ross
Although there is scant case law on the question, it is generally accepted that it is not a violation of one’s duty not to disclose information if it is stolen from you. Put another…
New York changes data breach law—in December and February
New York just finished a series of adjustments to its data breach notification requirements. Effective immediately, organizations must notify impacted individuals of a data breach within 30 days of its discovery instead of “in the most expedient time possible and…
FTC settlement requires disconnection of hardware from all no longer supported software
On January 16, 2025, the FTC announced a proposed complaint and consent agreement with one of the largest hosting companies in the world: GoDaddy. According to the complaint, the FTC found GoDaddy’s security practices “unreasonable for a company of its…
TR v Land Hessen – DPA not obliged to fine under the GDPR
By Shan Nanayakkara
In TR v Land Hessen (C‑768/21) the European Court of Justice (“ECJ”) found that following a personal data breach, a supervisory authority is under no obligation to exercise its corrective powers, specifically the power to…
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…
Security cameras, CAN-SPAM, and “reasonable or appropriate security”
On August 30, 2024, the Federal Trade Commission (FTC) announced a proposed settlement with security camera manufacturer Verkada Inc., claiming Verkada committed a variety of unfair or deceptive acts or practices in violation of § 5 of the Federal Trade…