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Cleary Cybersecurity and Privacy Watch

Global Legal Developments related to Cybersecurity Incidents, Cyber Corporate Governance and Regulation Issues, and Privacy and Data Protection Laws

Topics

AI

New York’s RAISE Act vs. California’s TFAIA: What Companies Need to KnowPresident Trump Signs Executive Order Seeking to Preempt State AI RegulationAI-Enabled Cyber Intrusions: What Two Recent Incidents Reveal for Corporate Counsel

Asia

Navigating the Complex Regulation of Privacy and Data ProtectionCISA Alert: North Korean Cyber Threat Poses Increased Risk for Financial Institutions2019 Cybersecurity Developments: A Year in Review

Blockchain

DFS Enters Consent Order with Robinhood Crypto for Deficiencies in AML, Cybersecurity, and Virtual Currency ComplianceSEC Takes Aim at Crypto Lending in BlockFi Settlement; Calls on Market to “Come into Compliance”: Is Regulatory Clarity Coming Soon?SEC Expands on Its Digital Asset Guidance: At Inception, (Nearly) Every New Token Is a Security

Brazil

Recent Developments In Data Privacy Enforcement In Brazil And A Comparison With The U.S. Regime

Breach Notifications

FTC Announces Reforms to the Health Breach Notification RuleComparing Global Privacy Regimes Under GDPR, DPDPA and US Data Protection LawsSEC Charges Public Company For Alleged Misleading Disclosures Surrounding Ransomware Attack

BREXIT

The New Commission SCCs for Data Transfers under GDPR – More Questions than Answers?European Commission Provides Further Hints at Post-Brexit Adequacy Decision for the UK

Canada

Canadian Financial Regulator Publishes New Cyber Incident Reporting Guidelines Effective March 2019

CFTC Guidance

Leaders of the SEC, CFTC, and FinCEN Issue Joint Statement Reminding Market Participants of Their AML/CFT Obligations for Digital Asset ActivitiesThe CFTC Releases Primer on Smart Contract Use in Financial Markets

Covid-19

New York Department of Financial Services Issues New Guidance on Cyber Threats2020 Cybersecurity and Privacy Developments: A Year in ReviewCybersecurity: Another Year of Intrusions and Regulation Punctuated by a Pandemic

Cybersecurity

GDPR vs. the hosting defence: How wary should online platforms be of the EU Court of Justice Russmedia judgment?AI-Enabled Cyber Intrusions: What Two Recent Incidents Reveal for Corporate CounselEnforcement Countdown: Is DOJ Ready for the Bulk Data Rule “Grace Period” to End?

DOJ Guidance

DOJ Brings Lawsuit Against TikTok Over Alleged Violations of the Children's Online Privacy Protection ActDevelopments at Justice: The Deputy Attorney General Talks Cybersecurity and the National Cryptocurrency Enforcement Team Gets its First DirectorCleary Gottlieb Welcomes Back Anthony M. Shults, Former Acting Deputy Assistant Attorney General and Senior Counsel at the Department of Justice

Enforcement

New York’s RAISE Act vs. California’s TFAIA: What Companies Need to KnowPresident Trump Signs Executive Order Seeking to Preempt State AI RegulationGDPR vs. the hosting defence: How wary should online platforms be of the EU Court of Justice Russmedia judgment?

ESG

The SEC’s Climate Proposal – Top Points for Comment

European Union

GDPR vs. the hosting defence: How wary should online platforms be of the EU Court of Justice Russmedia judgment?Data Act FAQs - Key Takeaways for Manufacturers and Data HoldersCybersecurity Law Enters Into Force

Financial Institutions

Quantum Computing and the Financial Sector: World Economic Forum Lays Out Roadmap Towards Quantum SecurityFTC Finalizes Security Incident Reporting Amendments to GLBA Safeguards RuleSEC Proposes Rules Limiting the Use of Artificial Intelligence by Registered Investment Advisers and Broker-Dealers

FINRA

FINRA Releases Notice On Cybersecurity Measures In light of COVID-19 PandemicFINRA 2019 Examination Priorities Letter Includes Focus on FinTech and CybersecurityFINRA Provides Updated Cybersecurity Guidance to Broker-Dealer Firms

FinTech

Quantum Computing and the Financial Sector: World Economic Forum Lays Out Roadmap Towards Quantum SecurityDFS Enters Consent Order with Robinhood Crypto for Deficiencies in AML, Cybersecurity, and Virtual Currency ComplianceEuropean Health Data Space – The Commission’s Proposal on a Single Market For Digital Health Services, Products, and Data

FTC Guidance

FTC Proposes COPPA Rule Revisions Detailing Enhanced Online Privacy Protections for ChildrenFTC Finalizes Security Incident Reporting Amendments to GLBA Safeguards RuleRegulators Impose Epic Consequences for Children’s Privacy Rights Violations

GDPR

Comparing Global Privacy Regimes Under GDPR, DPDPA and US Data Protection LawsKey Takeaways from the Irish Data Protection Commission’s decision on Meta Data TransfersEU-U.S. Data Privacy Framework

Healthcare

New York Legislature Passes Health Data Privacy BillEHDS – The EU Parliament formally adopts the Provisional Agreement: Key Takeaways and Next Steps

ICOs

SEC Issues Enforcement Action Against Unikrn, Inc. for its ICO, Prompting Rare Public Dissent from Commissioner Hester PeirceSEC Issues First ICO Enforcement Action Against a Self-Reporting Token IssuerCalifornia District Court Denies SEC Preliminary Injunction in ICO Case, Says Tokens’ Status As Securities Is Question of Fact

India

Comparing Global Privacy Regimes Under GDPR, DPDPA and US Data Protection Laws

Italy

Cybersecurity Law Enters Into ForceItalian National Cybersecurity Perimeter: Some Considerations Following Completion of the Regulatory Framework

Litigation

Nexus of AI, AI Regulation and Dispute ResolutionSchrems III? The European Commission and U.S. Government Announce New Trans-Atlantic Data Privacy Framework2021 Cybersecurity and Privacy Developments in the United States

NISD

Cybersecurity in the EU - The New Regime under the GDPR and NISD

NYDFS Guidance

New York Department of Financial Services Issues Guidance on Cybersecurity Risks Arising from Artificial IntelligenceDFS Enters Consent Order with Robinhood Crypto for Deficiencies in AML, Cybersecurity, and Virtual Currency ComplianceNew York Department of Financial Services Issues New Guidance on Cyber Threats

Privacy

New York’s RAISE Act vs. California’s TFAIA: What Companies Need to KnowGDPR vs. the hosting defence: How wary should online platforms be of the EU Court of Justice Russmedia judgment?Enforcement Countdown: Is DOJ Ready for the Bulk Data Rule “Grace Period” to End?

Regulatory

Data Act FAQs - Key Takeaways for Manufacturers and Data HoldersNexus of AI, AI Regulation and Dispute ResolutionNew York Department of Financial Services Finalizes Amendments to Cybersecurity Regulation

Russia

U.S. Senate Fast Tracks Major Cybersecurity Legislation in Response to Russia Threat

SEC Guidance

SEC Charges Four Companies Impacted by Data Breach with Misleading Cyber DisclosuresNew SEC Disclosure Rules for Cybersecurity Incidents and Governance and Key TakeawaysSEC Proposes Rules Limiting the Use of Artificial Intelligence by Registered Investment Advisers and Broker-Dealers

Smart Contracts

The CFTC Releases Primer on Smart Contract Use in Financial Markets

United Kingdom

Quantum Computing and the Financial Sector: World Economic Forum Lays Out Roadmap Towards Quantum SecurityThe UK ICO launches consultation series on GenAIThe UK Government Publishes the New Data Protection Bill

United States

New York’s RAISE Act vs. California’s TFAIA: What Companies Need to KnowPresident Trump Signs Executive Order Seeking to Preempt State AI RegulationCalifornia Enacts Landmark AI Safety Law But With Very Narrow Applicability

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