Category Archives: Regulation

Australia Adopts New Data Breach Notification Legislation

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On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory data breach notification requirements for entities regulated by the Privacy Act. Who is Subject to the New Legislation? The recent bill requires entities with revenue over $3 million AUD ($2.3 million USD) and certain credit reporting bodies and recipients of tax file number information to notify both the Australian Information Commissioner and affected individuals “as [...] Read more

Spanish DPA Issues GDPR Guidelines

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On January 26, 2017, the Spanish data protection authority (“AEPD”) published three guidance papers on the implementation of the general data protection regulation (“GDPR”). Although the guidance is primarily directed at small and medium-sized companies, it gives a snapshot on how the AEPD reads the GDPR and is thus relevant for all companies having operations in Spain. GDPR Guide for Controllers: the guide summarizes the requirements of the GDPR while providing practical recommendations on how to implement them. The guide also contains a questionnaire to help controllers make a [...] Read more

FTC Staff Releases Report on Cross-Device Tracking

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The Federal Trade Commission (FTC) recently released its staff report on Cross-Device Tracking. Cross-device tracking refers to the tracking of consumer activity across multiple devices such as smartphones, desktops, tablets and other connected devices. It helps companies understand consumer behavior better. The tracking can be deterministic (where a user logs into multiple devices affirmatively identifying the device as his/hers) or probabilistic (companies infer cross-device activity using factors like common IP address). Benefits include account security, fraud detection, targeted advertising [...] Read more

AG Empowers EU Privacy Suits with Redress Act Designations

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Earlier this week, the U.S. Attorney General designated 26 countries and the European Union as “covered countr[ies]” under the Judicial Redress Act. The Attorney General has simultaneously designated 13 “Federal agenc[ies] or component[s]” under the Act. These designations enable citizens of the “covered countr[ies]” to sue and seek remedies in U.S. court if one of the designated “Federal agenc[ies] or component[s]” violates the Privacy Act of 1974. The Privacy Act protects against intentional or willful unlawful disclosure of covered records containing personal information and [...] Read more

Article 29 Working Party Identifies GDPR Implementation Priorities for 2017

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In a press release published on January 16, 2017, the Article 29 Working Party (“WP 29”) has outlined its strategy for 2017 on implementation of the General Data Protection Regulation (“GDPR”). WP29’s “2017 GDPR Action Plan” identifies the following priorities, objectives, deliverables and activities for the coming year: 2016 Follow-Up.  WP29 will finalize work commenced in 2016 on: (i) data protection certification mechanisms; (ii) processing activities likely to result in “high risk” processing and Data Protection Impact  Assessments; (iii) administrative fines; (iv) [...] Read more

New York Financial Services Regulator Issues Revisions to Proposed Cybersecurity Regulation

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Today, the New York Department of Financial Services (DFS) released a revised version of the proposed cybersecurity regulations that it first issued in September.  According to a press release issued by DFS Superintendent Vullo, the new version of the proposed rules will be finalized following a 30-day notice and public comment period. Among the most notable changes are an extension of the effective date to March 1, 2017, an array of longer transition periods for various sections of the regulation, increased emphasis on risk assessment, and a slight reduction in the extremely broad scope of [...] Read more

WP29 Issues Guidance on the Right to Data Portability under the GDPR

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Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation ("GDPR").  This is part two of a three-part Alston & Bird series evaluating WP29's positions, and relates to the Right of Data Portability for data subjects and its obligations for data controllers.  Part 1 deals with Data Protection Officer obligations, under the GDPR, while part 3 analyzes guidance on the Lead Supervisory Authority mechanism. Article 20 of the GDPR creates a new right to data portability [...] Read more

WP29 Releases Extensive Guidance on DPO Obligations; Companies Need to Start Planning Now

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Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR).  This is part one of a three-part Alston & Bird series evaluating WP29's positions, and relates to Data Protection Officer obligations under the GDPR.  Part 2 deals with the Right to Data Portability, while Part 3 analyzes guidance on the Lead Supervisory Authority mechanism. The GDPR mandates that companies appoint a Data Protection Officer (DPO) in certain circumstances.  DPOs have been a fixture [...] Read more

New York State Financial Services Regulator Issues Proposed Cybersecurity Regulations

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On September 13, 2016, Governor Andrew Cuomo announced the issuance of proposed “first-in-the-nation” cybersecurity regulations for entities regulated by the New York Department of Financial Services (DFS), including jurisdictional banks, insurance companies, and other financial institutions.  The proposed regulation will be subject to a 45-day comment period prior to being issued as a final rule.  Once finalized, the regulation would become effective on January 1, 2017, at which point a 180 day "transitional period" would go into effect, during which entities would need to come into compliance [...] Read more

Centers for Medicare and Medicaid Services Issues Emergency Preparedness Requirements That Address Cyber-Attacks

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The Centers for Medicare and Medicaid Services (“CMS”) issued a final rule on September 8th, 2016 establishing national emergency preparedness requirements for providers and suppliers participating in Medicare and Medicaid in response to “inconsistency in the level of emergency preparedness amongst healthcare providers.”  The rule will be officially published in the Federal Register on September 16th, 2016, and providers and suppliers subject to the rule must comply by November 15th, 2017.  Notably, CMS describes cyber-attacks as a potential risk to assess when implementing the emergency [...] Read more