On October 18, 2022, the European Data Protection Board (“EDPB”) published a proposed updated version of its regulatory guidance on personal data breaches under the EU GDPR (the “Proposed Updated Guidance”). The Proposed Updated Guidance seeks to place heavier personal data breach notification obligations on controllers established in the U.S. (and other non-EU countries) but […]
Cybersecurity
SEC Sends a Message to Investment Advisers: Take Secure Data Disposal Seriously
On September 20, 2022, the Securities and Exchange Commission (SEC) settled an enforcement action with a large, registered investment adviser (the Firm) for alleged violations of the Safeguards Rule and the Disposal Rule of Regulation S-P that arose in the context of a data disposal process, imposing a $35 million penalty. Specifically, the SEC […]
NHTSA Updates its Guidance on Cybersecurity Best Practices for the Safety of Modern Vehicles
On September 7, 2022 the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) released an updated edition of its Cybersecurity Best Practices for the Safety of Modern Vehicles, the last edition of which was published in 2016. This most recent edition of this non-binding guidance leverages agency research, industry voluntary standards, and […]
CISA Issues Request for Information Prior to Required CIRCIA Rulemaking
On September 12, 2022, the Cybersecurity and Infrastructure Security Agency (CISA) issued a request for information (RFI) seeking input from stakeholders on the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). Signed by President Biden in March, CIRCIA requires CISA to develop and implement regulations requiring covered entities to report information about covered […]
FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security
On August 22, 2022, the Federal Trade Commission (FTC) published its advance notice of proposed rulemaking (ANPR) to request public comment on commercial surveillance and data security practices. The ANPR comes at the same time as Congress is considering the federal American Data Privacy and Protection Act (ADPPA). The FTC seeks public comment on a […]