Tag archives: cybersecurity

Autonomous Vehicles – Canada’s Current Legal Framework: Cybersecurity Considerations (Part 2)

Norton Rose Fulbright - Data Protection Report blogThe 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

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

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

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

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

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

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

Data Protection Report - Norton Rose FulbrightPrivacy 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

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

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

US banking regulators propose a rule for 36-hour notice of breachIn 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

innovation circuit boardOn 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

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

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

More New York SHIELD Act guidance

On June 20, 2022, the New York Attorney General (NYAG) announced a consent agreement (called an Assurance of Discontinuance) with Northeast grocery chain Wegmans for, among other things, violations of the SHIELD Act requirements.  Wegmans does not confirm or deny the NYAG’s findings. In brief, on April 5, 2021, a security researcher contacted Wegmans about … Continue reading

Bill C-26: a first step at reinforcing Canadian cybersecurity

Data Protection Report - Norton Rose FulbrightOn June 14, the House of Commons introduced Bill C-26: An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (Bill C-26). This bill is presented in two parts: The first is to amend the Telecommunications Act to promote the security of the Canadian telecommunications system; The second is to enact the Critical Cyber … Continue reading

Proposed cybersecurity rules for SEC registered advisers and funds

US banking regulators propose a rule for 36-hour notice of breachOn February 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) released a proposal aimed at enhancing cybersecurity risk management programs, including cybersecurity preparedness and response, for registered investment advisers (“advisers”), investment companies and business development companies (“funds”).  Overall, the proposal addresses the following rule amendments and additions: 1. Cybersecurity Policies and Procedures Under the … Continue reading

European rulings on the use of Google Analytics and how it may affect your business

European rulings on the use of Google Analytics and how it may affect your businessRecent decisions out of the EU will impact the use of Google Analytics and similar non-European analytics services when targeting EU individuals, with the potential to put many organizations at risk of receiving GDPR fines. At issue was the transfer of personal data from the EU to the US through the use of Google Analytics. … Continue reading

Customers Can Pursue Negligence Claims Directly Against Vendor

On October 19, 2021, a federal trial court in South Carolina ruled that a group of consumers could proceed with common law negligence and gross negligence claims directly against their organizations’ vendor that had been the victim of a security breach—instead of suing the organizations of which they were customers.  In re Blackbaud, Inc. Customer … Continue reading

Proposed “Cyber Incident Reporting for Critical Infrastructure Act of 2021”

On August 27, 2021, the U.S. House Homeland Security Committee released a draft bill that would, among other things, establish a Cyber Incident Review Office (CIR Office) within the Cybersecurity and Infrastructure Security Agency (CISA), which is part of the U.S. Department of Homeland Security (DHS), and require critical infrastructure owners and operators to report … Continue reading
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