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Board Governance & Cyber Risk Management

U.S. Department of Commerce Releases White Paper to Assist Organizations in Conducting Schrems II Assessments

September 28, 2020 By James Harvey

In a letter from Deputy Assistant Secretary James Sullivan, the U.S. Department of Commerce introduced a white paper, “Information on U.S. Privacy Safeguards Relevant to SCCs and Other EU Legal Bases for EU-U.S. Data Transfers after Schrems II,” to assist organizations in conducting independent analyses of data transfers in light of the July 16, 2020 […]

Filed Under: Board Governance & Cyber Risk Management, European Privacy & Cybersecurity Tagged With: Cross-border, EU Data Protection, EU Privacy, European Court of Justice, International Data Transfers

SEC Focused on Protecting Customer Accounts from Credential Stuffing Attacks

September 24, 2020 By Kate Hanniford

OCIE has released a risk alert regarding credential stuffing in the context of compliance with Regulation S-P and Regulation S-ID, and is encouraging firms to both (i) review and update their policies and procedures to address the risks associated with credential stuffing and (ii) consider proactive outreach to customers regarding measures taken to safeguard their […]

Filed Under: Board Governance & Cyber Risk Management, National Security & Digital Crimes, Privacy & Cyber Regulatory Enforcement

California Mandates COVID Exposure and Outbreak Reporting to Employees, Government Agencies

September 23, 2020 By Daniel Felz and Privacy, Cyber & Data Strategy Team

On Thursday, September 17, 2020, California Governor Gavin Newsom signed Assembly Bill 685 (“AB685”) into law.  AB685 amends a number of portions of California’s Labor Code to address the COVID-19 pandemic.  In addition to provisions that regulate reopening activities at California worksites, AB685 introduces two new COVID-related notification obligations for California employers: (1) a requirement […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, California Privacy & the CCPA, HIPAA/Health Information Privacy, Security & Breach Response, Privacy & Cyber Regulatory Enforcement Tagged With: Behavioral Tracking, Big Data, Cybersecurity, Health Information Security, Regulatory Enforcement

Brazil’s General Data Protection Law: A Comparison Between Brazil’s Newly Effective Law and the GDPR

September 19, 2020 By Dorian Simmons

Brazil’s General Data Protection Law (the “LGPD”), a law similar to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective.  On April 29 of this year, Brazil’s President issued Provisional Measure 959 that, amongst other things, postponed the effective date of the LGPD, which was originally set to be effective August 2020, […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, Crisis & Data Breach Response, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: ANPD, Brazil, LGPD

EDPB Emphasizes Joint Controllership between Social Media Providers and ‘Targeters’ in Draft Guidance

September 10, 2020 By Paul Greaves

On September 7, 2020, the European Data Protection Board (‘EDPB’) published its draft guidelines on targeting of social media users (the ‘Guidelines’). The EDPB is accepting feedback from stakeholders on the Guidelines until October 19, 2020. The Guidelines not only provide guidance on the obligations of social media providers (‘Providers’) under the EU General Data […]

Filed Under: Board Governance & Cyber Risk Management, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement Tagged With: Behavioral Tracking, EU Data Protection, EU Privacy, EU Regulation, European Union (EU), GDPR, GDPR Implementation, Marketing, Regulatory Enforcement, Social Media

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