Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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India’s highest court defends data privacy

India’s Supreme Court recently issued a holding that increases the data privacy protection that businesses operating in India must provide. The holding strikes down the portion of Section 57 of the Aadhaar Act that had previously allowed businesses to require national ID numbers, known as Aadhaar numbers, for “any purpose.” The industries most impacted by this ruling will likely be...

Malaysia seeks to expand personal data protection

Malaysia is looking to impose a data breach notification (DBN) requirement to its existing data privacy law, which would impact companies around the world who do business in Malaysia. The Malaysian Personal Data Protection Commissioner is currently hearing feedback on Public Consultation Paper No. 1/2018, which would impose a DBN requirement on companies that need to be registered with...

Virtual currencies as commodities—CFTC wins battle in the fight to define cryptocurrencies as commodities but has it won the war?

A federal court in Massachusetts allowed the US Commodity Futures Trading Commission’s fraud case against virtual currency operators to continue by finding that the digital coin met the definition of “commodity” under the Commodity Exchange Act. The court rejected the defendants’ argument that the virtual currency at issue was not a “commodity” because there was no futures contract...

Poland implements comprehensive cybersecurity legislation

Poland is the latest nation to pass extensive cybersecurity legislation that will impact many companies that do business in Poland. The legislation, called the Act on the National Cybersecurity System (ANCS), pertains to critical infrastructure companies and providers of digital services. Any organization that operates within Poland and is designated as one of these types of companies...

California’s Consumer Privacy Act of 2018 – The HR Perspective

Businesses with consumers in California may soon find themselves subject to the California Consumer Privacy Act of 2018 (the Act). The Act arrives on the heels of the expansive consumer protections offered by the European General Data Protection Regulation (GDPR), and echoes key GDPR concepts such as enhanced transparency and disclosure obligations regarding personal data.  However, as...

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