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Taking a stand on standing in data breach cases

At the crossroads of the California Consumer Privacy Act and Article III standing: Plaintiffs continue to test the boundaries of the CCPA’s Private Right of Action for data breaches;Courts, however, are standing firm on Article III standing requirements;That said, the costs of data breaches are rising with increased litigation and regulatory risk, so to reduce the chances of a breach,...

Standard Contractual Clauses and EDPB Recommendations

The European Data Protection Board (EDPB), a collective of representatives from European data privacy regulators, published important recommendations on the Schrems II judgment, the seismic European decision that invalidated the EU-US Privacy Shield and called into question the continuing viability of personal data transfers from the EU and UK to third countries, particularly the...

A Cybersecurity Storm and Winds of Change: NY DFS requires all New York financial institutions to report effects of SolarWinds hack

The New York Department of Financial Services (NY DFS) issued an alert on Friday, December 18, 2020, requiring all NY DFS regulated entities to immediately report whether they have been affected in any way by the massive, state-sponsored security breach of SolarWinds.  NY DFS’s request for immediate notification from all affected entities goes beyond what is normally required...

Your quarterly privacy & cybersecurity update

Welcome to the ninth edition of Updata!  Updata is our US and international update on the most important privacy and cybersecurity regulatory and legislative developments from the past quarter, July to September 2020.   Full of newsworthy items from our global team members, this edition includes updates on:  the Schrems II court decision, which invalidated the EU-US...

No rest for the weary: cybersecurity and privacy enforcement actions heat up

A recent wave of cybersecurity and privacy enforcement actions cautions businesses dealing in personal data to strengthen their security and compliance plans. The New York Department of Financial Services recently announced its first enforcement action under its cybersecurity regulation. The California Attorney General began enforcement-related inquiries under the newly enacted...

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