On August 29, 2023, the California Privacy Protection Agency (“CPPA”) published draft regulations on risk assessments and cybersecurity audits required by the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). The CPPA will discuss the draft regulations at the upcoming public meeting on September 8, 2023. The draft regulations make clear that the CPPA has not yet begun formal rulemaking, and that the draft regulations are “intended to facilitate…
In this episode, Cynthia Cole, IP & Technology Partner based in Palo Alto, is joined by Jerome Tomas, Chair of the Firm’s Securities and Exchange (SEC) and Financial Institutions Enforcement Group based in Chicago, as the two discuss the SEC’s recently issued Final Rules for Cyber and what this means for public companies. Listen in to learn more about: Why should you care? The SEC has brought enforcement actions before based on data breach disclosure-what’s different…
On August 9, India’s Digital Personal Data Protection Bill, 2023 (“DPDP Bill”) passed both houses of the Indian Parliament and now awaits Presidential assent. In 2017, India’s Supreme Court mandated that privacy is a fundamental human right. Since that time, India has been working to pass data protection legislation. The DPDP Bill is India’s fifth draft of the bill. The DPDP Bill only applies to the processing of digital personal data in India, where the personal…
There has been an incredible volume of discussion around generative AI (GAI) in 2023, including products like ChatGPT and GitHub Copilot, and the potential impact these tools have on every corner of the business world. This is not surprising given that GAI has demonstrated powerful functionality, making it easy to hypothesize about use cases. Unfortunately, on top of the fervor, the use of GAI presents a multitude of risks. Some companies have banned GAI use…
New York may soon restrict employers and employment agencies from using fully-automated decision making tools to screen job candidates or make other employment decisions that impact the compensation, benefits, work schedule, performance evaluations, or other terms of employment of employees or independent contractors. Draft Senate Bill 7623, introduced August 4, aims to limit the use of such tools and requires human oversight of certain final decisions regarding hiring, promotion, termination, disciplinary, or compensation decisions. Senate Bill…
In brief On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) approved the final rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (“Final Rules”). As previously reported, the SEC first proposed amendments to its rules on disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies on March 9, 2022 (“Proposed Rules”). Similar to the Proposed Rules, the Final Rules, broadly speaking, require (i) issuers to make disclosures…
On July 18, Oregon Governor Tina Kotek signed SB 619 into law as the Oregon Consumer Privacy Act, making Oregon the eleventh U.S. state to enact consumer privacy legislation and the seventh in 2023 alone. The compliance deadline for for-profit entities is July 1, 2024. In Brief: The Oregon Consumer Privacy Act has no revenue threshold and applies to any person that conducts business in Oregon or provides products or services to Oregon residents and…
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). US companies that participate in the DPF will be deemed to provide “adequate protection” under Article 45 of the EU General Data Protection Regulation (“GDPR”) for personal data transfers received from the European Union (“EU”) and European Economic Area (“EEA”). Why did the EC need to adopt the adequacy decision for the DPF? As we have previously written, the…
The US Office of the Director of National Intelligence (“ODNI”) announced today that it has fully implemented new safeguards under Executive Order 14086. See INTEL – ODNI Releases IC Procedures Implementing New Safeguards in Executive Order 14086. These steps clear the path for the European Commission to adopt the draft “adequacy decision” for cross-border data transfers pursuant to the EU-U.S. Data Privacy Framework. By way of brief background, in July 2020, the Court of Justice…
The Texas Data Privacy and Security Act joins the growing number of states that have passed or enacted legislation in 2023, and more are expected in the coming months.