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Legislation

05 May 2022

CISA: “We don’t stab the wounded.”

Jen Easterly, Director of the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”), repeatedly emphasizes CISA’s cooperative approach with the U.S. private sector. During her interview with Sidley’s Alan Raul on April 13, 2022, Easterly emphasized that CISA’s role was not to “name, blame, shame, or stab the wounded” victims of … Read More

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27 April 2022

EU Data Governance Act – Edging Closer to a European Single Market for Data

On 6 April 2022, the European Parliament formally approved the Data Governance Act (“DGA”), which establishes a legal framework to promote the availability of data and increase trust in data sharing across sectors in the EU. Some of the key objectives of the new legislation include enabling the re-use of … Read More

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11 April 2022

Understanding China’s Data Regulatory Regime: What Are Important Data? And Can They Be Transferred Outside Of China?

The concept of “important data” is a cornerstone of China’s data regulatory regime. The Cyber Security Law (2017) (the CSL) prohibits operators of critical information infrastructures (CIIs) from transferring their “important data” and personal information outside of China. The Data Security Law (2021) (the DSL) and … Read More

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28 March 2022

Developments in Health Privacy and Cybersecurity Policy and Regulation: OCR Issues Cybersecurity Warnings and New Health Data Legislation Is Introduced

On March 17, 2022, the U.S. Department of Health and Human Service’s Office for Civil Rights (“OCR”) issued industry guidance for Health Insurance Portability and Accountability Act (“HIPAA”) regulated entities to take preventative steps to protect against some of the more common, and often successful, cyber-attack techniques. For example, the … Read More

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24 March 2022

Uniform Personal Data Protection Act Offers an Alternative Approach to Consumer Data Protection

*This article first appeared in Legaltech News on March 22, 2024, available here.

With federal consumer privacy bills gaining little traction, the Uniform Law Commission proposes the Uniform Personal Data Protection Act (UPDPA) as an alternative to the existing quilt of state consumer privacy laws. In a panel … Read More

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21 March 2022

Congress Passes Cyber Incident Reporting for Critical Infrastructure Act of 2022

The U.S. Congress has passed a significant new cybersecurity law that will require critical infrastructure entities to report material cybersecurity incidents and ransomware payments to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 and 24 hours, respectively. The reporting requirements will cover multiple sectors of the economy, including chemical … Read More

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07 March 2022

Trying to Tackle Big Data: European Union Launches Draft Data Act

On 23 February 2022, the European Commission (Commission) proposed a draft of a regulation on harmonised rules on fair access to and use of data – also known as the Data Act. The Data Act is intended to “ensure fairness in the digital environment, stimulate a Read More

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24 January 2022

Uniform Law Commission Proposes “Reasonable” Uniform Personal Data Protection Act for State-by-State Adoption as Federal Privacy Bills Languish

Introduction

As data breaches become more common, increased public attention on privacy has led to a flurry of state-level activity on the issue. With a federal privacy bill languishing in Congress, the states have taken the lead. California, Colorado, and Virginia have all passed comprehensive privacy laws in the past … Read More

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