Exploring the evolution of cybersecurity and privacy law
On March 9, 2023, the Securities and Exchange Commission (“SEC”) announced that Blackbaud Inc. (“Blackbaud”) agreed to pay $3 million to settle charges for alleged misleading disclosures about its 2020 ransomware attack and for alleged disclosure control failures.1
Blackbaud, a South Carolina-based company that provides data management software to colleges, universities, and non-profit organizations,…
The Biden administration released its National Cybersecurity Strategy (“Strategy”) on March 2, 2023.1 The Strategy builds on previous policy actions by the Biden administration that sought to strengthen cybersecurity in critical infrastructure and protect personal data, including through regulatory action, government procurement requirements, and an emphasis on software security. The Strategy calls for (1)…
Cybersecurity has become one of the biggest risks facing the financial services industry, and there have been extensive guidance and initiatives from US banking regulators to help ensure the safety of the institutions and the banking system. Some of the more recent regulatory requirements and other developments will have a significant impact on nonbank financial…
The California Privacy Protection Agency (“the Agency”) announced October 17, 2022, proposed modifications to the draft regulations for the California Privacy Rights Act (CPRA) that were published on July 8, 2022. The draft regulations expanded on the text of the CPRA setting out a number of additional requirements regarding obtaining consumer consent, supporting the exercise…
An omnibus federal privacy bill with significant bipartisan support is currently under congressional review and, if enacted, could dramatically increase oversight of how companies use artificial intelligence (“AI”) in their businesses.
This article discusses the bill, which, even if not enacted, provides valuable insights as to potential future regulation of AI.
There has been a whirlwind of activity over the past year as states enact and implement comprehensive consumer privacy laws. Starting with the passage of the California Consumer Privacy Act (CCPA) in 2018, which became effective in 2020, the US state privacy legal landscape has continued to develop rapidly. New comprehensive privacy frameworks are set…
The California Privacy Rights Act (CPRA) will go into effect on January 1, 2023, even though the draft regulations remain unsettled, leaving companies questioning their ability to comply. In this talk with Jennifer Barrera of CalChamber, we’ll discuss some of the outstanding issues that will have impacts in the state, across the country, and, indeed,…
On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic…
On September 14, 2022, the US Office of Management and Budget (OMB) published a memorandum, M-22-18, requiring federal agencies to comply with previously announced guidelines for ensuring the integrity of third-party software on an agency’s information systems or that otherwise affects government information. Applicable to firmware, operating systems, applications, and application services (e.g., cloud-based…
On September 15, 2022, President Biden issued an executive order (the “Order”) to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States (“CFIUS”) uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to…
