On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its use of third-party analytics technologies on its website. The case had been closely watched by the business […]
Privacy & Cyber Regulatory Enforcement
SEC 2025 Examination Priorities Indicate Sustained Focus on Cybersecurity & Data Protection
The SEC has released its Examination Priorities: Fiscal Year 2025 (“Examination Priorities”), which may be a useful roadmap to SEC-registered investment advisers, exchanges, and other entities subject to routine examination by the SEC Division of Examinations (“EXAMS”). The Examination Priorities represent the EXAMS Staff’s identification of areas of heightened risks to investors and/or the integrity […]
Forthcoming UK Cyber Security and Resilience Bill to Boost the UK’s Cyber Defenses
In the July 2024 King’s Speech, the UK government announced its intention to introduce a Cyber Security and Resilience Bill (the “Bill”) to improve the UK’s cyber defenses and protect essential public services. The announcement comes as companies and countries increasingly face attacks by cyber criminals and state actors, sometimes disrupting public services and infrastructure. […]
NYDFS Issues Guidance on Artificial Intelligence-related Cybersecurity Risks
On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued an industry letter covering Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (the “Industry Letter”). The Industry Letter contains guidance for entities regulated by NYDFS (“Covered Entities”) in assessing and responding to cybersecurity risks related to the use […]
EDPB Adopts Opinion on the Use of Processors and Sub-processors
On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised application of the EU GDPR across the European Economic Area (“EEA”) and is comprised of the heads of the data […]