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Another attempt at a federal breach notification law

A group of Democratic senators, led by Bill Nelson of Florida, are trying once again to get a national data breach notification law passed. As in 2015, the proposed law is styled the Data Security and Breach Notification Act. The text of the 2017 version appears broadly the same as the 2015 version. Of particular note, in light of recent revelations about Uber’s alleged paying of...

New OCIMF Pre-Fixture Tanker Vetting Cyber Requirement

While the International Maritime Organization (IMO) has given ship owners and managers until 2021 to incorporate cyber risk into ships’ safety management systems, tanker owners and operators that are subject to vetting under the Oil Companies International Marine Forum’s (OCIMF) Ship Inspection Report Program (SIRE) Program will be expected to address cybersecurity risks in their...

You’ve Been Breached During the Holidays: Now What?

It was the start of the Thanksgiving holiday when the GC of a large retail company got an urgent call from her CEO. “We’re under attack. I just got off the phone with IT and we have been hacked. Ransomware and a DDOS. Call whoever you need to call, notify whoever you need to notify, and get this fixed.” This occurrence, which extends to all industries, leads to the critical question:...

Congress and Supreme Court Face Tough Tests on Privacy and Security

The line between security and privacy is difficult to draw. However, it must be drawn and regularly redrawn as circumstances and the world change. At the same time, overdrawing the line, or drawing it in a vacuum, can cause the delicate balance to tip in a way that undermines both privacy and security. In their article for The Hill, Eversheds Sutherland Partner Michael Bahar and...

NYDFS, GDPR Prompt Focus on Vendor Oversight

Eversheds Sutherland Partner Michael Bahar is quoted in this Compliance Reporter article regarding compliance risks being extended to fourth parties. “Landmark regulations from the New York Department of Financial Services and the EU have put a spotlight on risks posed not only by traditional third-party vendors, but also fourth parties with access to company data and customers’...

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