Topic: Vendor management and transactions

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The aftermath of an incident – business considerations surrounding record-keeping

innovation circuit boardIn our previous publication, we discussed the legal obligations and procedural considerations surrounding maintaining records of privacy incidents. While the specific obligations vary by jurisdiction, maintaining some form of a record that tracks privacy incidents is a statutory obligation for private-sector organizations subject to Quebec, Alberta, or federal laws. Organizations should also be aware of … Continue reading

Cyber authorities sound the alarm on critical vulnerability In Java Library

Cyber authorities sound the alarmOn December 9, 2021 a critical vulnerability (CVE-2021-44228) was reported within the Apache Log4j Java logging framework. The vulnerability allows threat actors to remotely execute code on both on-premises and cloud-based application servers, thereby obtaining control of the impacted servers. This is a critical vulnerability of very high significance to government and industry groups. See … Continue reading

Another One Bites the Dust: Court once again finds data breach forensic report isn’t protected by privilege

Norton Rose Fulbright - Data Protection Report blogOn July 22, 2021, a federal court in Pennsylvania held that an investigative report created by Kroll (the “Kroll Report”), the defendant’s third party cybersecurity consultant, and related communications were not protected by privilege. The court found that the Kroll Report was not protected by the work-product doctrine or attorney-client privilege. The decision comes after … Continue reading

NT Analyzer Webinar: Solving Apple’s new app privacy requirement

Solving Apple's New App Privacy RequirementPlease join us for an NT Analyzer Webinar, Solving Apple’s new app privacy requirement. Head of NRF Digital Analytics and Technology Assessment Platform for the US Steven Roosa and Associate Dan Rosenzweig as they walk through the upcoming Apple requirements, and showcase the NT Analyzer Apple dashboard solution.… Continue reading

Schrems II landmark ruling: our recommendations

On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).  While the EU-US Privacy Shield (Privacy Shield) has been completely invalidated, the Standard Contractual Clauses … Continue reading

Schrems II: The US Perspective and where do we go from here?

Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding.  While this affects countries in every region of the world, it does have particular ramifications for the US. US companies are likely to bear the brunt of this decision.  First, because … 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

US Senators introduce IoT cybersecurity bill

Data Protection Report - Norton Rose FulbrightOn 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

Interactive Guide to Navigating Data Privacy Risks in Vendor Contracts

Data Protection Report - Norton Rose FulbrightExpanding on their prior article, Norton Rose Fulbright and the global risk advisory company Willis Towers Watson have created an interactive guide to the legal and insurance-based tools that can be used to manage data privacy risks in vendor contracts. This unique guide allows users to navigate between subjects, and explore the details of five … Continue reading

Identifying and Mitigating Data Privacy Risks in Vendor Contracts

Data Protection Report - Norton Rose FulbrightNorton Rose Fulbright has teamed up with the global risk advisory company Willis Towers Watson to help provide their clients with the information they need to manage data privacy risks.  In Willis Towers Watson’s Winter 2016 Cyber Claims Brief, Norton Rose Fulbright attorneys Dave Navetta and Matt Spohn worked with Willis Towers Watson Executive Vice … Continue reading

What Merchants and Service Providers Need to Know about PCI DSS Version 3.2

Data Protection Report - Norton Rose FulbrightOn November 1, 2016, the Payment Card Industry (“PCI”) Security Standards Council’s newest set of Data Security Standards (“DSS”) went into effect.  Announced earlier this year, PCI DSS Version 3.2 has made a variety of changes applicable to both merchants that accept payment cards as well as “Service Providers,” which are defined as third-party entities … Continue reading

Recent Case Highlights The Dangers Of Consequential Damage Waivers in IT Contracts

Data Protection Report - Norton Rose FulbrightThe U.S. Court of Appeals for the Eleventh Circuit—one of the highest federal courts below the Supreme Court—recently affirmed a decision in Silverpop Systems, Inc. v. Leading Market Technologies, Inc. finding that all damages flowing from a vendor’s data breach were barred by a standard provision in IT service contracts, disclaiming all liability for consequential … Continue reading

HHS Update: Looking Toward Audits and Increased Enforcement

Data Protection Report - Norton Rose FulbrightThe Department of Health and Human Services and its Office of Civil Rights (OCR) are capping off a very active 2016. In the last 6 months, the OCR has released a new audit protocol, announced new rounds of HIPAA audits, and stepped up enforcement. The flurry of activity comes after a prolonged period of anticipation in … Continue reading

Hong Kong Securities and Futures Commission Focuses on Cybersecurity

Data Protection Report - Norton Rose FulbrightWith its continued focus on cybersecurity, the Hong Kong Securities and Futures Commission (SFC) recently issued a circular to all its licensed corporations (LCs) identifying key areas of concern and suggesting cybersecurity controls. Hong Kong does not have any overarching cybersecurity legislation, and industry-specific regulatory activity in relation to cybersecurity has been limited to date. … Continue reading

Colorado House Advances Bill to Protect Student Privacy

Data Protection Report - Norton Rose FulbrightState education departments and legislatures are grappling with the privacy implications of the expanded use of technology in classrooms and schools serving as central data repositories of a host of personally identifying information (“PII”) on minors. In New York, a group of parents sued the state’s education department to prevent it from handing over students’ … Continue reading

Cybersecurity Efforts Turn Focus to Financial Institutions, Technology Service Providers and “Cyber Resilience”

Data Protection Report - Norton Rose FulbrightFinancial institutions around the country recently received cybersecurity guidance in the form of a new appendix to the Federal Financial Institutions Examination Council’s (“FFIEC’s”) Business Continuity Planning Booklet, which is part of its Information Technology Examination Handbook. In the guidance, the FFIEC places the onus on financial institutions, their boards of directors, and senior management … Continue reading
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