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Pros and Cons of the Payment Card Industry Data Security Standard

The Payment Card Industry Data Security Standard (the PCI DSS) establishes the self-described minimum data protection measures required of all entities involved in payment card transactions. The PCI DSS consists of 12 basic requirements, along with testing procedures and guidance designed to assist entities in meeting each requirement. The PCI DSS itself is not a law or regulation, and...

SEC Moves to Update Transfer Agent Rules; New Rules Likely to Impact Unclaimed Property and Cybersecurity

On December 22, 2015, the Securities and Exchange Commission took the first step in overhauling SEC regulation of transfer agents, the little-discussed but critical intermediaries involved in the prompt clearance and settlement of almost all U.S. securities. After many years in which other types of financial market intermediaries took center stage on the SEC’s rulemaking agenda, the...

The Six Lawsuits All GCs Face After a Data Breach

There are many types of litigation likely to arise following a data breach. For more information on the different types of actions that could be initiated by consumers, financial institutions, insurers, shareholders, employees and government agencies after a cyberattack, view this Law360 article.

NAIC Task Force Adopts a Cybersecurity “Bill of Rights” Despite Industry Objections

On October 14, the National Association of Insurance Commissioners Cybersecurity Task Force (NAIC Task Force) adopted a version of the Cybersecurity Bill of Rights for insurance consumers. The Bill of Rights claims to outline the rights insurance consumers can expect when insurers, agents and other businesses collect personal consumer information and experience data breaches. It was...

SEC Charges Investment Adviser with Failure to Adopt Required Cybersecurity Policies Prior to Breach

On September 22, the Securities and Exchange Commission (SEC) announced that it had entered into a settlement order with R.T. Jones Capital Equities Management, Inc., a St. Louis-based SEC registered investment adviser, for failure to establish required cybersecurity policies and procedures in advance of a breach. As a result of the firm’s failure to adopt reasonable cybersecurity...

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