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The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways

February 4, 2021 By Wim Nauwelaerts

When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate … [Read more] about The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways

Filed Under: Data Protection, GDPR, International, Uncategorized Tagged With: Data Protection, EU Data Protection, European Union (EU), GDPR

U.S. Takes Part in Multinational Efforts to Disrupt Netwalker Ransomware and Emotet Malware

February 1, 2021 By Emily Poole

On January 27 and 28, 2021, the U.S. Department of Justice (DOJ) announced two successful operations to disrupt two different strains of malware, Netwalker ransomware and a banking Trojan known as Emotet, which have affected victims around the globe … [Read more] about U.S. Takes Part in Multinational Efforts to Disrupt Netwalker Ransomware and Emotet Malware

Filed Under: Cybercrime, Digital Crimes, Enforcement Tagged With: CISA, Department of Justice (DOJ), Emotet, Netwalker

New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties

January 21, 2021 By Emily Poole

On January 5, 2021, the president signed into law H.R. 7898, an Act that amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Secretary of Health and Human Services (HHS) to consider specific … [Read more] about New Law Requires HHS to Consider Recognized Security Practices as Mitigating Factor When Determining Penalties

Filed Under: Data Security, Enforcement, Health Privacy, HHS Tagged With: HHS, HIPAA, HITECH, National Institute for Standards and Technology (NIST)

Federal Court Rules Cyber Forensic Report Is Not Protected Under Attorney-Client Privilege Or Work Product Doctrine

January 13, 2021 By Jon Knight

On January 12, 2021, Judge Boasberg (D.D.C.) ruled that a forensic report prepared for outside counsel following a cyber incident investigation was not protected under either attorney-client privilege or the work product doctrine.  The investigation … [Read more] about Federal Court Rules Cyber Forensic Report Is Not Protected Under Attorney-Client Privilege Or Work Product Doctrine

Filed Under: Cybercrime, Data Breach Litigation

Financial Regulatory Agencies Announce Proposed Rule Requiring Notice of Computer Security Incidents

January 12, 2021 By Kimberly Peretti, Emily Poole and Michael Young

On December 18, 2020, federal financial regulatory agencies jointly announced a proposed rule that would impose new and expanded reporting requirements on supervised banking organizations that experience a “computer-security incident,” requiring … [Read more] about Financial Regulatory Agencies Announce Proposed Rule Requiring Notice of Computer Security Incidents

Filed Under: Cybercrime, Cybersecurity, Data Security, Enforcement, NYDFS Tagged With: Bank Secrecy Act (BSA), Board of Governors of the Federal Reserve System, Computer-Security Incident, FDIC, Gramm-Leach-Bliley Act (GLBA), Notice of Proposed Rulemaking, Office of the Comptroller of the Currency (OCC), Suspicious Activity Report (SAR)

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