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 […]
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NYDFS Issues Guidance on Multi-Factor Authentication
The New York Department of Financial Services (NYDFS) continues to refine its position regarding the importance of and requirements regarding Multi-Factor Authentication (MFA), as evidenced most recently with the release of new guidance. This new guidance is consistent with its June guidance, in which NYDFS clarified its expectation that NYDFS-regulated covered entities subject to 500.12 […]
The Cybersecurity Incident Reporting Requirements Fail in the Latest Version of the National Defense Authorization Act
On December 7, 2021, the House of Representatives passed the National Defense Authorization Act for Fiscal Year 2022 (NDAA), which notably excluded any cybersecurity incident reporting requirements. In September, the House approved a previous version of the bill that included a mandatory breach notification provision that would have required the Department of Homeland Security’s Cybersecurity […]
Department of Justice Announces New Cryptocurrency Enforcement Team
by Kim Peretti and Kristen Bartolotta On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the creation of a National Cryptocurrency Enforcement Team (NCET). This team was created to tackle complex investigations and prosecutions of criminal misuses of cryptocurrency, particularly crimes committed by virtual exchanges and money laundering infrastructure actors. Because of the […]
Department of Justice Announces New Civil Fraud Cybersecurity Enforcement Team
On October 6, 2021, Deputy Attorney General Lisa O. Monaco announced the launch of the Department of Justice’s Civil Cyber-Fraud Initiative. The Department plans to use civil enforcement tools to “pursue…those who are government contractors who receive federal funds, when they fail to follow required cybersecurity standards.” Stating the Department will pursue “very hefty fines,” […]