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In Data Privacy

To Certify or Not to Certify: The EU-US Data Privacy Framework

by , and 4 Mins Read

*Article originally posted on Law.com authored by Cassandre Coyer at LegalTech News.* This summer marked a key development in the history of data transfers between the U.S. and European Union when the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework after two prior invalidated agreements. But whether that milestone is translating to a wave of companies registering to get certified under the new framework is less apparent. Given the looming possibility of a Schrems…

In Data Privacy

The UK-US Data Bridge Is Here – Here Are The Key Takeaways

by , , and 6 Mins Read

With the passage of the Data Protection (Adequacy) (United States of America) Regulations 2023 (Adequacy Regulation), the UK government has made good on its intention to establish a data bridge with the US. This follows the commitment-in-principle reached by President Joe Biden and UK Prime Minister Rishi Sunak on June 8 2023, when the EU-US Data Privacy Framework (“DPF”) was still being evaluated by the European Commission under the EU GDPR. With the DPF’s completion and…

In Cybersecurity

SEC Adopts Final Cybersecurity Rules

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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…

In Data Privacy

European Commission adopts “adequacy” decision for the EU-U.S. Data Privacy Framework (“DPF”)

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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…

In Tax for Techs

USTR initiates Section 301 investigations of Digital Services Taxes

by 2 Mins Read

On June 2, 2020, the United States Trade Representative (USTR) announced that his office is beginning investigations into digital services taxes that have been adopted or are being considered by a number of trading partners of the United States. The investigations will be conducted under Section 301 of the 1974 Trade Act. This provision gives the USTR broad authority to investigate and respond to a foreign country’s action which may be unfair or discriminatory and negatively affect…

In Technology Transactions

US Department of Commerce tightens restrictions on technology exports

by , and 2 Mins Read

On 28 April 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published two new final rules and a proposed rule in the Federal Register amending the Export Administration Regulations (EAR) to tighten restrictions on exports of technology to China, Russia, and Venezuela. According to Commerce Secretary Wilbur Ross, these actions are intended to combat efforts by entities in China, Russia, and Venezuela to use certain US technologies obtained through civilian supply…

In Technology Transactions

Loans Available to Mid-Sized Businesses Under CARES Act Conditioned on Outsourcing Restrictions

by and 3 Mins Read

Included in the portfolio of emergency relief offered under the Senate’s $2 trillion coronavirus aid package is a direct loan program designed to provide financial assistance to mid-sized businesses suffering from the economic impacts associated with the COVID-19 pandemic. As part of the broader mandate to the Department of the Treasury in connection with the relief programs created under the CARES Act, Title IV of the Act authorizes the Treasury to allocate $454 billion to…

In Data Privacy

Part III: What Do Emerging State Privacy Laws Really Mean for B2B Companies?

by 1 Min Read

In part two of What Do Emerging State Privacy Laws Really Mean for B2B Companies, Global Chair of Data Privacy & Security Brian Hengesbaugh gave an overview on the substance of the new state privacy laws emerging in the United States. In part three, Brian talks collective next steps for B2B companies, covering actions that can be taken now to prepare. Click here to watch part three.

In Data Privacy

States Prescribe New Cyber Requirements for Insurers via Model Security Laws

by and 4 Mins Read

In the United States, a significant legislative trend is on the horizon for insurers in 2020: a new breed of state privacy and cybersecurity laws. In the absence of federal intervention, a growing number of state legislatures are enacting laws and regulations modeling California’s Consumer Privacy Act for all businesses, and, in parallel, prescribing privacy and cybersecurity requirements directed at insurers. To help insurers stay ahead of the curve, we summarize below several cybersecurity measures…

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