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Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

Norton Rose Fulbright - Data Protection Report blog2019 saw continued growth and change in data protection and cyber-security across the Asia-Pacific. Following the implementation of the GDPR in May, 2018, many jurisdictions moved to review and strengthen existing data privacy and cyber-security laws. In addition, 2019 saw regulators publishing findings in respect of some of the largest data incidents of 2018. We … Continue reading

Schrems II: AG deems SCCs valid but comes up with difficult new obligations and expresses “doubts” over privacy shield

What has happened? Yesterday, the Advocate General (“AG”) concluded that, in his opinion, the EU Standard Contractual Clauses (“SCCs”) are a valid mechanism to transfer personal data outside of the European Economic Area (“EEA”). However, the AG suggested new obligations for those using SCCs. They need to examine the national security laws of the country … Continue reading

New York’s Breach Law Amendments and New Security Requirements

Although California has recently captured the lion’s share of attention with respect to privacy and security, on October 23, 2019, New York’s amended security breach law goes into effect, and on March 1, 2020, new security safeguards go live (N.Y. S.B. 5575). Anyone with personal information about a New York resident is potentially affected by … Continue reading

Office of Privacy Commissioner Says It’s Status Quo on Consent Requirements for Data Processing Transfers

On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines that an organization’s transfer of personal information to a third party for processing, including a transfer across the Canadian border, is a “use” of that personal … Continue reading

Data protection and cyber risk issues in arbitration – dealing with regulation, cyber attacks and hacked evidence

The GDPR has significantly altered the landscape of data protection. Its broad scope and potentially severe penalties have forced those who hold and process data to take note of its provisions. In certain instances, that will include many in the international arbitration community, such as arbitral institutions. In parallel, cyber attacks and instances of hacking … Continue reading

US CLOUD Act and International Privacy

Norton Rose Fulbright - Data Protection Report blogThe U.S. Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) is apparently the Goldilocks of the privacy world, according to recent statements issued by two international jurisdictions. The CLOUD Act’s requirements are “too hard” for Australian law, according to the Law Council of Australia, but the privacy protections are “too soft” for the European … Continue reading

German antitrust authority prohibits Facebook from combining users’ personal data

Data Protection Report - Norton Rose FulbrightOn 7 February 2019, the German antitrust authority (Bundeskartellamt, the FCO) ruled against Facebook combining user personal data from different sources, saying it was exploiting its position as a dominant social media company in violation of the EU data protection laws. The FCO said that Facebook abused its market dominance in: collecting, merging and using … Continue reading

Transition period under New York Cybersecurity Regulation ends March 1, 2019

Data Protection Report - Norton Rose FulbrightThe two-year transitional period under the New York State Department of Financial Services (“DFS”) Cybersecurity Regulation, 23 NYCRR 500 (the “Regulation”), will expire on March 1, 2019, with the final remaining requirement becoming effective. Entities covered by the Regulation that utilize third party service providers, which include not only banks and insurers, but also other … Continue reading

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

Browsewrap agreements: Are you covered?

Norton Rose Fulbright - Data Protection Report blogIn a recent decision, a California federal court held that an arbitration provision contained in Viacom, Inc.’s browsewrap agreement was unenforceable and denied Viacom’s request to stay the case pending arbitration.[1] The court’s decision in Rushing v. Viacom, Inc. is consistent with “courts’ traditional reluctance to enforce browsewrap agreements against individual consumers.”[2]… Continue reading

Singapore’s new Cybersecurity Act comes into force: Here’s what you need to know

The much discussed Cybersecurity Act 2018 (Act. 9 of 2018) (the Act), which was passed by the Singapore Parliament on 5 February 2018, came into force on 31 August 2018 [1]. The new law creates a regulatory framework for the monitoring and reporting of cybersecurity threats to essential services in Singapore through the appointment of the … Continue reading

Uber as a HIPAA business associate

Norton Rose Fulbright - Data Protection Report blogUber recently announced the launch of Uber Health, a non-emergency ride service that allows healthcare providers to schedule and pay for transportation for their patients. The stated purpose of the service is to expand medical transportation to traditionally underserved areas. Roughly 3.6 million Americans miss medical appointments each year due to lack of reliable transportation, contributing to the … Continue reading

New York Event: Shark Tank – Cybersecurity in the Boardroom

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 FulbrightHow to pitch, explain, defend and collaborate on cybersecurity The board demands answers on cybersecurity. We discuss how executives can effectively respond to and collaborate with the board. Boards have now recognized that their companies, and board members themselves, face operational, financial, legal, and reputational consequences if they fail to address cybersecurity risk. Now, boards … Continue reading

Houston Event: Cybersecurity, Enterprise Risk and the Boardroom

Data Protection Report - Norton Rose FulbrightWhat could a hacking event mean for directors and officers? Significant cybersecurity incidents are intensifying and evolving. What are director and officer (D&O) duties to prevent, prepare for and respond to data breaches? Directors and officers are facing a sophisticated, organized, and motivated adversary in cyber attackers, who are untethered by law, ethics, or fear … Continue reading

White House Issues Cybersecurity Order

Data Protection Report - Norton Rose FulbrightOn May 11th, 2017, the White House released an executive order on strengthening the cybersecurity of federal networks and critical infrastructure (the “Order”).  The Order marks the administration’s first successful effort to address cybersecurity, after an earlier draft executive order on cybersecurity was postponed in January. The Order is divided into three substantive sections covering … Continue reading

Norton Rose Fulbright Nominated for Cyber Law Firm of the Year

Data Protection Report - Norton Rose FulbrightThe 2017 Advisen Cyber Risk Awards nominees have been announced, and Norton Rose Fulbright is shortlisted for Cyber Law Firm of the Year.  Ballots are now open, and you can show your support for Norton Rose Fulbright by casting your vote before Friday, May 19 at 11:59 pm ET. Each year, Advisen recognizes the most … Continue reading

New York Event: Cybersecurity Developments in Asia

The past year has seen data breaches in the headlines for Asia-based companies and the continued strengthening of privacy and security laws in this region. Please join us for a panel discussion at our New York office on Friday, April 21, 2017, regarding cybersecurity developments in Asia, including China’s new cybersecurity law that comes into effect … Continue reading
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