Vishnu Shankar, an associate in our London office, spoke with DataGuidance at the 2018 IAPP Data Protection Intensive. He discussed his recommendations on regulatory requirements regarding breach notification across several key pieces of legislation, including the GDPR and the NIS Directive, as well as sector-specific requirements.
Companies subject to New York’s Cybersecurity Regulation are acting quickly to finalize their compliance obligations as the fifth “due date,” September 4, 2018, quickly approaches.
By September 4, 2018, Covered Entities must ensure that their cybersecurity programs have in place certain additional safeguards:
- an audit trail that shows detection of and response to material cybersecurity events;
- written security procedures, guidelines, and standards for the development of in-house applications and for the evaluation and testing of externally developed applications;
- data retention policies and procedures for the disposal on a periodic basis of nonpublic information no longer necessary for business operations;
- risk-based policies, procedures, and controls to monitor the activity of authorized users and detect unauthorized access; and security controls, such as encryption, to protect non-public business relations and personal information.
Notably, for this upcoming deadline, Covered Entities that have received a limited exemption must still comply with the regulatory provision regarding data retention policies and procedures for the periodic disposal of nonpublic information. (more…)
The Telephone Consumer Protection Act (TCPA) bar has been reeling ever since the U.S. Court of Appeals for the D.C. Circuit overturned a couple of key Federal Communications Commission (FCC) rules in ACA International v. FCC, including the FCC’s overbroad interpretation of the definition of an autodialer. However, the ruling still left several key provisions in place that facilitate the potential for significant liability and sow uncertainty for everyday business and compliance operations. Now the commission has issued a public notice seeking input about how it should interpret the TCPA. Comments are due June 13, 2018, with replies due June 28. (more…)