West Coast, East Coast, and Now Mountains, Too: Colorado Joins the Comprehensive State Privacy Law Club
With the U.S. Congress continuing to stymie federal omnibus privacy legislation, states have decidedly taken up the call. Most recently, on July 8, 2021, Colorado Gov. Jared Polis signed into law Senate Bill 21-190, the Colorado Privacy Act (CPA). With the signing of the CPA, which will largely go into … Read More
COVID-19: Key EU And U.S. Cybersecurity Issues and Risk-Remediation Steps
The COVID-19 crisis has created significant cybersecurity risks for organizations across the world, particularly arising from remote working, scams and phishing attacks, and weakened information governance controls. These risks warrant attention by legal counsel and information security officers in light of potentially significant adverse legal, financial and reputational consequences that … Read More
Oregon Requires Vendors to Report Data Breaches
While much of the New Year attention has been focused on California due to the effective date of the California Consumer Privacy Act, a new Oregon law also went into effect on January 1, 2020 complicating compliance with data breach obligations. The law is unique among state data breach … Read More
Maine’s Act to Protect the Privacy of Online Consumer Information
Since the passage of the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq.) (“CCPA”), several states are following in California’s footsteps and adopting privacy bills that would allow consumers to object to the sale of their personal information.
Ohio Law Recognizes Safe Harbor in Data Breach Litigation
Companies with robust cybersecurity programs may still be vulnerable to attack. A new, first-of-its-kind law in Ohio now recognizes this fact. On November 1, 2018, the Ohio Data Protection Act (SB 220) establishes a safe harbor from state tort actions in data breach cases for entities that have developed an … Read More
Senate Hearing on Federal Privacy Law: Question is Not Whether But What Form
On September 26, the Senate Commerce Committee invited tech and telecom companies to the Hill to discuss safeguards for consumer data privacy. “The question,” noted Chairman John Thune, “is no longer whether we need a federal law to protect consumers’ privacy. The question is what shape that law should take.” … Read More
Movement Towards a Comprehensive U.S. Federal Privacy Law: Witnesses Prepare to Testify in Senate Hearing
The last six months have been busy ones for privacy watchers, with the entry into force of the GDPR and the enactment and amendment of the California Consumer Privacy Act.
An increasing number of eyes are now turning to the U.S. Congress to see how it will react to these … Read More
Sidley Updates Bloomberg Portfolio on FTC Enforcement of Privacy & Data Security
Sidley Austin has recently updated its “FTC Enforcement of Privacy & Data Security,” which has been published as part of Bloomberg Law’s Privacy & Data Security Practice Portfolio, Portfolio No. 500, available here.
SEC Issues New Guidance on Cybersecurity Disclosure Requirements
On February 21, 2018, the U.S. Securities and Exchange Commission issued interpretive guidance (the Guidance) to assist public companies in drafting their cybersecuritydisclosures in SEC filings. See 83 FR 8166 (Feb. 26, 2018). In his public statement accompanying the issuance of this guidance, SEC Chairman Jay Clayton said he believed … Read More
Protecting Privilege in the Aftermath of a Data Breach
On Jan. 3, the United States Court of Appeals for the Sixth Circuit issued a decision that effectively required a company to turn over materials relating to a privileged forensic data breach investigation because, the court concluded, the company had implicitly waived privilege when it disclosed certain of the forensic … Read More