Government Agency Update / Notice

The Brazilian Data Protection Authority (ANPD) has issued important guidance covering a variety of privacy aspects including security measures, determining controller and processor capacities, and how the ANPD administrative process will be applied to investigating companies and imposing penalties.

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On May 26, 2022, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule revising the restrictions on the export, reexport and transfer (in-country) of certain “cybersecurity items” used for malicious cyber activities (“final rule”). Effective immediately upon publication, the final rule amends the October 21, 2021, interim final rule

On May 19, 2022, the Federal Trade Commission (FTC) unanimously approved a policy statement on education technology (EdTech) and the Children’s Online Privacy Protection Act (COPPA). Characterized as part of a larger effort to “crack down on companies that illegally surveil children learning online,” the policy statement itself merely highlights pre-existing obligations under

On May 11, 2022, the Senate confirmed President Biden’s appointment of Alvaro Bedoya to fill the vacant Democratic seat on the Federal Trade Commission (FTC). Commissioner Bedoya’s confirmation gives the Democratic commissioners a voting majority on the Commission, and we expect the FTC will pursue actions previewed by Chair Lina Khan. In this Legal Update,

On February 9, 2022, the Securities Exchange Commission (“SEC” or “Commission”) voted 3-1 to propose rules, forms and amendments concerning cybersecurity risk management, as well as registered investment adviser and fund disclosures. As we have previously discussed, the proposal under the Investment Advisers Act of 1940 (Advisers Act) and the Investment Company Act of

On 2 March 2022, the Cyberspace Administration of China (“CAC”) issued draft regulations on the administration of internet pop-up push notifications (the “Draft Regulations”). The Draft Regulations were issued pursuant to a number of laws, including the Cybersecurity Law.

The Draft Regulations bid to further tighten government control over the news followed a

On March 9, 2022, the U.S. Securities and Exchange Commission (the “SEC”) released proposed amendments (the “Proposed Amendments”) aimed at enhancing and standardizing disclosure relating to cybersecurity risks and incidents. Under the existing regulatory framework, neither Regulation S-K nor Regulation S-X expressly requires that cybersecurity risk management procedures, cybersecurity risks or incidents be disclosed. However,

On March 9, 2022, the US Securities and Exchange Commission (SEC) voted 3-1 to propose new rules and amendments under the Securities Exchange Act of 1934 that would constitute the SEC’s first attempt to adopt specific rules to comprehensively regulate cybersecurity risk management, strategy, governance and incident reporting for public companies (“registrants”). The stated goals