Our Privacy, Cyber & Data Strategy Team answers five questions about the standard contractual clauses that aim to ensure compliance with Articles 28(3) and (4) of the General Data Protection Regulation: Are controllers and processors obliged to use the Article 28 clauses for their data processing agreements? Do the Article 28 clauses ensure compliance with […]
Data Protection
Alston & Bird Publishes 10 Key Takeaways from the New Standard Contractual Clauses
As highlighted by this blog on Friday, the European Commission has published long-awaited Standard Contractual Clauses (SCCs). These represent the first updates to the SCCs in over a decade, with the last updates having been made in 2010. Alston & Bird partner Wim Nauwelaerts has now published an advisory titled “10 Key Takeaways from the […]
European Commission Publishes Long-Awaited New Standard Contractual Clauses
Today, the European Commission published finalized versions of new Standard Contractual Clauses (SCCs). The Commission has published two sets of clauses: A set of SCCs to be used in controller-to-processor situations in conjunction with Art. 28 GDPR “data processor” terms applicable to such situations. A more general set of modular SCCs that can be used […]
New York and Illinois Regulators Recommend Third Party Cybersecurity Review For Specific Vulnerabilities
This month, the Illinois Department of Insurance issued guidance to insurers recommending assessments in response to a Microsoft Exchange vulnerability, detailed in the guidance. In the Bulletin dated May 5, the Department encourages regulated entities to “assess the risk to their systems and consumers and take steps necessary to address vulnerabilities and customer impact.” The […]
2021 Developments in State Cybersecurity Safe Harbor Laws
Only four months in and 2021 has already been a big year for state cybersecurity safe harbor legislation. Two states, Utah and Connecticut, have recently enacted or introduced a breach litigation safe harbor to incentivize businesses to protect personal information by adopting industry-recognized cybersecurity frameworks such as the National Institute of Standards and Technology’s (NIST) […]