September 2018 was a busy month for data privacy. We expect the next several months to be extremely active as well, especially with the number of new complaints and data breach notices filed in Europe since May. We will continue to monitor and update developments as the data privacy framework continues to evolve.
It has been a little more than 90 days since G-Day (May 25) and there has been a lot to talk about regarding the implementation of GDPR.
Two decisions last week further widened the divide among the Courts of Appeals in applying Spokeo in cybersecurity litigation.
The U.S. Computer Emergency Readiness Team (US-CERT) is implementing new reporting requirements beginning April 1, 2017, and just released new guidelines to help federal departments and agencies; state, local, tribal, and territorial government entities; information sharing and analysis organizations; and foreign, commercial and private-sector organizations submit incident notifications to the federal government.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
The Cybersecurity Information Sharing Act (CISA), S. 754, was signed into law by President Obama on December 18, 2015 as part of the larger 2016 Omnibus Spending Bill, and arrived on the cybersecurity landscape with an equally strong set of supporters and opponents. With strong views on both sides, CISA is the first step in building what all will likely agree is of critical importance – improving cybersecurity in the United States.
In a case that will have significant ramifications for the legal landscape relating to cybersecurity, the Third Circuit Court of Appeals affirmed a lower court’s decision that the Federal Trade Commission (FTC) had the authority to regulate companies’ data security practices.
- Cybersecurity and Privacy Law
- Cybersecurity Regulation
- Data Breach
- Class Action Litigation
- Privacy Laws
- General Data Protection Regulation
- Mergers & Acquisitions
- Incident Response Plan
- Information Governance
- Corporate Law
- Federal Trade Commission
- Seventh Circuit
- Department of Justice
- Cyber Insurance
- September 2018 Was a Busy Month for Data Privacy
- GDPR - 90 Days Later
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know
- SEC Issues Guidance on Cybersecurity Disclosures
- New D.C. Circuit Ruling Finds Substantial Risk of Harm Inherent to Data Breach
- Target Class Action Settlement Temporarily Upended
- Spokeo Continues to Divide the Lower Courts in Cybersecurity Litigation
- Cyber Breach Incident Notification Guidelines Ahead
- CyberSecurity News: Spokeo, Galaria and Braitberg
- Privacy Class Action Dismissed Under Spokeo