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Data Protection

White House Releases Recommendations to Protect Against Potential Cyberattacks

March 22, 2022 By Amy Mushahwar and Kristen Bartolotta

The potential for malicious cyber activity has been a concern for the Biden administration throughout the evolving crisis in Ukraine (including the imposition of sanctions against Russia). In response to the concern, the Biden administration, which is now facing “evolving intelligence that Russia may be exploring options for potential cyberattacks,” has released recommendations for companies […]

Filed Under: Cyber Risk, Cybercrime, Cybersecurity, Data Security, Digital Crimes, Ransomware, Russia, Uncategorized Tagged With: cybersecurity, Cybersecurity Executive Order, Data Protection, ransomware, The White House

Senate Passes Significant Cyber Bill Requiring Cyber Incident Reporting

March 3, 2022 By Kim Peretti and Kristen Bartolotta

The Strengthening American Cybersecurity Act of 2022, a bill that narrowly failed to become law last year, was passed in the Senate on Tuesday, March 1 as a package of cybersecurity measures that would require operators of critical infrastructure and federal civilian agencies to report cyber incidents to the Department of Homeland Security’s Cybersecurity and […]

Filed Under: Cybersecurity, Data Breach, Data Protection, Data Security, Legislation, National Security, Ransomware, Regulation Tagged With: cybersecurity, Data Breach Notification, Data Protection, ransomware, Senate, US Congress

Incomplete Cybersecurity Compliance Disclosures May Support Fraud Claim Under the False Claims Act, Federal Court Holds

February 7, 2022 By Kim Peretti, Kellen Dwyer and Jody Hunt

At the heels of a recent Civil Cyber-Fraud Initiative related to cybersecurity practices and the False Claims Act (FCA), a cybersecurity-related FCA case has survived a motion for summary judgment, teeing up a trial to determine if the defendants’ cybersecurity compliance disclosures were materially incomplete and if any misstatements were knowingly made. On February 1, […]

Filed Under: Cybersecurity, Data Protection, Data Security, FCA Tagged With: Compliance, cybersecurity, Data Protection, False Claims Act

EDPB Issues New Guidance for Assessing Personal Data Breaches under the EU GDPR

January 10, 2022 By Paul Greaves and Wim Nauwelaerts

On Monday, 3 January 2022, the European Data Protection Board (“EDPB”) published the finalized version of its regulatory guidance entitled “Examples regarding Personal Data Breach Notification” (the “Guidelines”), following a public consultation on a draft set of guidelines in 2021. The finalized Guidelines are a practice-oriented, and case-based set of examples that leverage the experiences […]

Filed Under: Cybersecurity, Data Breach, Data Protection, Data Security, Enforcement, Privacy Tagged With: Data Breach Notification, Data Protection, EU Data Protection, EU Privacy, EU Regulation, European Union (EU), Regulatory Enforcement

Time to Restore Trust in Data Flows between Countries? Peter Swire Discusses Recent OECD Efforts in Developing Principles for Government Access to Data.

January 4, 2022 By Privacy, Cyber & Data Strategy Team

Alston & Bird Senior Counsel Peter Swire recently published an article in Lawfare titled, “Towards OECD Principles for Government Access to Data.”  Peter and his co-authors discuss recent efforts of the Organization for Economic Cooperation and Development (OECD) to formulate common principles regulating governmental access to personal data held by the private sector for national […]

Filed Under: Data Protection, Government Access to Data, International, OECD Tagged With: Data Protection, Government Access to Data, OECD

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