On October 7, the French Digital Republic Act (the “Act”) was adopted following a widely-publicized consultation process. The Act amends the French Data Protection Act, and also modifies French law in various domains, including consumer protection, electronic payment services, medical research, and intellectual property. The Act constitutes a first step in the implementation of the […]
Data Protection
ECJ Declares IP Addresses are Personal Data
Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is widely known, personal data is any information that would permit a particular individual to be identified, whether directly or in […]
D.C. Circuit Holds CFPB is Unconstitutionally Constructed; Removes For-Cause Removal Protection from CFPB Director
On Tuesday, October 11, 2016, the D.C. Circuit Court issued its opinion in PHH Corp. v. Consumer Financial Protection Bureau, holding that the Consumer Financial Protection Bureau (CFPB) was unconstitutionally structured. In the majority opinion, Judge Kavanaugh described the position of CFPB Director as, in terms of unilateral authority, “the single most powerful official in […]
New York State Financial Services Regulator Issues Proposed Cybersecurity Regulations
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. […]
Report Suggests Organizations Still Vulnerable to Credential Management and Network Segmentation Attacks
The Multi-State Information Sharing and Analysis Center (MS-ISAC) published its 2016 mid-year review on August 22, 2016, highlighting large incidents of malware infections, with particular emphasis on ransomware and click fraud malware. In contrast to the MS-ISAC report, however, an August 2016 report suggests most organizations would benefit from addressing issues of credential management and […]