On March 10, 2016, the Federal Communications Commission (“FCC”) proposed new privacy and data security rules for Internet service providers (“ISPs”) that, if passed, would regulate how ISPs collect, use, share, and protect customers’ data. The notice of proposed rulemaking (“NPRM”) that FCC Chairman Tom Wheeler circulated for consideration by the full Commission is previewed […]
Enforcement
FTC Announces Study of PCI-DSS Assessment Companies
On Monday, March 7 the Federal Trade Commission (FTC) issued a press release announcing that it had issued Orders to nine Qualified Security Assessor (QSA) companies, which are certified to assess whether or not entities involved in payment card processing, such as merchants, are compliant with the Payment Card Industry Data Security Standards (PCI DSS). […]
CFPB Brings First Enforcement Action on Data Security
On March 2, the federal Consumer Financial Protection Bureau (CFPB) for the first time brought an enforcement action related to data security. The CFPB consent order imposes a $100,000 fine and five years of regulatory oversight for online payments provider Dwolla. The action sends a clear message that the CFPB intends to actively regulate the […]
WP 29 Issues Statement on EU-U.S. Privacy Shield
On the same day that the European Commission debuted the EU-U.S. Privacy Shield, the Article 29 Working Party (WP29) issued a statement welcoming the publication of the draft “adequacy decision” of the European Commission as well as the legal texts that constitute the Privacy Shield arrangement. In accordance with its mission, WP29 said that it would […]
SEC Continues to Focus on Cyber-related Disclosures
Participating in a panel at the “SEC Speaks” event on February 19, Deputy Director of the SEC’s Enforcement Division Stephanie Avakian expressed that the Commission continues to focus on cybersecurity as a top priority in 2016. Avakian discussed the Commission’s cybersecurity concerns in three contexts: (1) failure of registered entities to follow Rule 30(a) of […]