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. […]
Data Protection
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 […]
Eighth Circuit Decision Interpreting Spokeo Shows Impact of Supreme Court Decision on Privacy Actions
In issuing its decision in Braitberg v. Charter Communications, the Eighth Circuit recently became the first federal appellate court to issue a published opinion interpreting Spokeo and, as predicted, shows that the Supreme Court’s ruling will have a significant impact on the viability of privacy-related claims. In Braitberg, the plaintiff alleged that Charter indefinitely retained […]
Austrian Supreme Court Refers Schrems Consumer Class Action to ECJ
Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe Harbor litigation, Mr. Schrems has maintained two further legal proceedings in the EU: (1) a challenge in the Irish courts […]
German DPAs to Create Model Processing Records for GDPR Compliance
On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing activities. Under Article 30 GDPR, companies will need to inventory all “processing activities under [their] responsibility” and memorialize them […]