In an article published today, Senior Counsel Peter Swire challenges the factual basis for the Advocate General’s recent opinion in the so-called “Schrems case” against the E.U.-U.S. Safe Harbor framework. Thousands of U.S. businesses rely on the Safe Harbor framework in order to support the transfer of data from the European Union. As previously discussed […]
Privacy & Cyber Regulatory Enforcement
Peter Swire to Discuss Law Enforcement and Privacy
On Monday, Sept. 28, 2015, at 1 PM Eastern, Alston & Bird Senior Counsel Peter Swire will discuss the intersection of law enforcement and privacy interests. Swire’s talk is presented as part of a teleforum conference call sponsored by the Federalist Society. Benjamin Wittes, Senior Fellow at the Brookings Institution, will also be participating. The […]
SEC Sanctions Investment Adviser Under the Safeguards Rule
The Securities and Exchange Commission (“SEC”) has sanctioned an investment adviser and fined it $75,000 for failing to “adopt written policies and procedures reasonably designed to protect customer records and information.” The SEC alleges that this failure, which was a violation of its Safeguards Rule, contributed to a cyber attack against the investment adviser that […]
Safe Harbor Framework in Jeopardy after Advocate General Decision
Today, Advocate General Yves Bot advised the European Court of Justice that the US-EU Safe Harbor framework for the protection of trans-Atlantic transfers of personal data is invalid. The long awaited Opinion of the Advocate General in the so-called “Schrems case” (Case C-362/14 Maximilian Schrems v. Data Protection Commissioner) has now been published. The case […]
SEC Provides Additional Information On Cybersecurity Examinations
On September 15, 2015, the Security and Exchange Commission’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert to provide additional information on the areas of focus for its second round of cybersecurity examinations. The OCIE’s initial cybersecurity examinations in 2014 were to identify cybersecurity risks and assess cybersecurity preparedness in the securities […]