Tag archives: cybersecurity

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

President Biden’s Executive Order on improving the nation’s cybersecurity

innovation circuit boardOn May 12, 2021, President Biden issued an Executive Order aimed at improving cybersecurity of the federal government, with assistance from the private sector.  The 18-page Executive Order does not set forth specific requirements, but rather sets deadlines for named agencies to develop requirements, standards, or guidelines on specific cybersecurity areas.  The Executive Order also … Continue reading

New York State imposes a US$1.5 million penalty in cybersecurity breach case

Norton Rose Fulbright - Data Protection Report blogOn March 3, 2021, the New York Department of Financial Services (NYDFS) announced a Consent Order with a NYDFS-licensed Maine-based mortgage banker and loan servicer settling alleged violations of the NYDFS cybersecurity regulations. (In the matter of Residential Mortgage Services, Inc., March 3, 2021). The Consent Order required RMS to pay $1.5 million, and within … Continue reading

Incentivizing public utilities to enhance cybersecurity: FERC’s proposed regulation

Norton Rose Fulbright - Data Protection Report blogOn February 5, 2021, the Federal Energy Regulatory Commission (“FERC”) published proposed regulations in the Federal Register that would provide federal financial incentives to utilities that voluntarily increase certain cybersecurity measures above those required by the Critical Infrastructure Protection Reliability Standards (“CIP Reliability Standards”) or by the NIST, Framework for Improving Critical Infrastructure Cybersecurity (“NIST … Continue reading

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

US banking regulators propose a rule for 36-hour notice of breachOn December 18, 2020, the US Department of the Treasury (Office of the Comptroller of the Currency), Federal Reserve and Federal Deposit Insurance Corporation (FDIC) jointly announced a 53-page proposed rule that would require banks to notify their regulators within 36 hours of a “computer-security incident” that rises to the level of a “notification incident.” … 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

NYDFS Requires COVID-19 Plans by April 9

Norton Rose Fulbright - Data Protection Report blogOn March 10, 2020, the New York Department of Financial Services (NYDFS) issued guidance to all of its regulated institutions engaged in virtual currency business activity, requiring them to have plans for preparedness to manage the possible operational and financial risks posed by the COVID-19 pandemic. NYDFS requires the plans to be submitted by Thursday, April 9, … Continue reading

The CNIL releases draft practical guidance on cookies consent

Data Protection Report - Norton Rose FulbrightThe CNIL has published draft recommendations on how to obtain consent when placing cookies. This is following the publication of its revised “Guidelines on the implementation of cookies or similar tracking technologies” which was published in July 2019 (see our article here). The objective of the recommendations is to provide stakeholders with practical guidance and … Continue reading

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

The Privacy Officers’ New Year’s Resolutions

Data Protection Report - Norton Rose Fulbright1. Brace yourself (for export turbulence) 2020 could well be a year of data export turmoil – so brace yourself. The Court of Justice of the European Union (CJEU) will determine the validity of the EU Standard Contractual Clauses (SCCs) (Data Protection Commissioner v Facebook Ireland Limited, Maximillan Schrems) whilst the General Court of the … Continue reading

First multi-million GDPR fine in Germany: €14.5 million for not having a proper data retention schedule in place

Data Protection Report - Norton Rose FulbrightOn October 30, 2019 the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit – Berlin DPA) issued a €14.5 million fine on a German real estate company, die Deutsche Wohnen SE (Deutsche Wohnen),  the highest German GDPR fine to date. The infraction related to the over retention of personal … Continue reading

Turkey’s data protection legislation on data controller registry to impact data controllers outside of Turkey

Norton Rose Fulbright - Data Protection Report blogObligations Turkey’s data protection legislation (TDPL) requires data controllers to notify the Turkish DPA of their processing activities. Unless exempt from the requirement, all data controllers (individuals and legal entities) who process personal data in Turkey must be registered with the Turkish DPA’s Register of Data Controllers Information System (VERBİS), prior to processing any personal … Continue reading

The CNIL publishes new guidelines on cookies and other similar technologies

Data Protection Report - digital privacy, CCPA and cybersecurityOn 4 July 2019, the CNIL published new guidelines on cookies and other similar technologies, repealing its 2013 cookie guidance in order to align its position with the GDPR’s new requirements on consent. These guidelines will be supplemented during the first quarter of 2020 by sectoral recommendations aimed at providing practical guidance to stakeholders on … Continue reading
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