Key Takeaways
1. New cybersecurity measures and requirements are introduced by the EU for companies.
2. Contractual provisions with the supply chain may need to be revised.
3. High penalties and liability for management, including personal liability.…
Text messages and other non-email, electronic communications have become increasingly important in securities fraud matters. These communications are often sent from personal mobile devices and often provide key evidence. It has become clear that the most interesting, and sometimes most problematic, communications often do not take place via email.…
The U.S. Securities and Exchange Commission (“SEC”) adopted a final rule on July 26, 2023 that requires public companies to disclose material cybersecurity incidents under new Item 1.05 of Form 8-K. Since its adoption, public companies have faced practical challenges in determining whether and when a cybersecurity incident warrants disclosure under Item 1.05.
On May…
“Browsing and location data are sensitive . . .. Full stop,” says the Federal Trade Commission. As is all granular data that can reveal “insights” that “can be attributed to particular people” through a “re-identification” procedure. This is one basis of complaints the FTC filed against Avast, X-Mode Social, and InMarket. A…
On December 26, 2023, the Department of Defense (DoD) released the highly anticipated proposed rule for the Cybersecurity Maturity Model Certification Program (CMMC), a cybersecurity regulatory program that will likely impact most of the government contractor community. Every contractor who handles sensitive data such as Controlled Unclassified Information (CUI) or Federal Contract Information (FCI) during…
Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission (“SEC”). On December 6, 2023, the Federal Bureau of Investigation (“FBI”) Cyber Division published the “Cyber Victim Requests to Delay Securities and Exchange Commission Public Disclosure Policy Notice” (the “Policy Notice”)…
On November 9, 2023, the European Parliament has adopted the final version of the Data Act, marking a significant milestone in the evolving landscape of digital regulation. The Data Act is part of the European Commission’s broader strategy to shape Europe’s digital future (see our earlier posts here and here).
The widespread use…
In a June 30, 2023 decision by the Superior Court of California, County of Sacramento, the Court issued a ruling delaying agency enforcement of final regulations under the California Privacy Rights Act (CPRA) until March 2024. Calfornia Chamber of Commerce v. California Privacy Protection Act, Case No. 34-2023-80004106-CU-WM-GDS (Sacramento Superior Court, June 30, 2023).…
Ever since the public launch of OpenAI’s ChatGPT, the world has been gasping at the astonishing accomplishments of this generative AI chatbot: a simple “prompt” in the form of a question (“which are the most important decisions of the CJEU in copyright?”) will receive a credible response within seconds (“The Court of Justice of the…
In the past few years, privacy activists, consumers and national and European data protection authorities have become increasingly aware of the impact of cookies and other tracking technologies. As a result, most administrators of websites and mobile apps know that they have to provide users with a clear and prominent cookie banner. They also know…
