On July 26, the U.S. Securities and Exchange Commission adopted new rules regarding public companies’ reporting of (i) cybersecurity incidents, (ii) policies and procedures for identifying and managing cybersecurity risks and (iii) management and board roles in implementing cybersecurity policies and procedures. Read on for details about the new rules and recommended next steps for
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DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information
On June 21, the U.S. Department of Homeland Security issued a long-anticipated cybersecurity final rule that revises an existing clause and adds two new clauses to the Homeland Security Acquisition Regulation related to contractors’ handling of controlled unclassified information.
Read on for highlights from this rule, which goes into effect July 21 and is likely to
Analog Law with Digital Teeth: Litigation Under the Video Privacy Protection Act and Potential Liability for Businesses
Over the past year, website operators have experienced a proliferation of lawsuits under the Federal Video Privacy Protection Act (“VPPA”), a Reagan-era statute prohibiting the nonconsensual disclosure of an individual’s video tape rental history. Despite its nondigital origin, litigation under the VPPA has successfully targeted the ubiquitous use of tracking technologies on businesses’ websites, creating
Failing to Comply With the Slew of New Data Privacy Laws Can Be Costly to Companies
Over the past few years, data privacy and security has been the focus of many state legislatures. CA, CO, CT, IA, UT and VA have already passed comprehensive data privacy laws. Indiana joined them on May 1, 2023 when the Governor signed the latest consumer privacy bill into law. Many other states have bills in
Iowa Joins Data Privacy Vanguard
On March 29, 2023, Iowa became the latest in a small but growing number of states to enact comprehensive data privacy legislation. Like its counterpart laws in California, Connecticut, Colorado, Utah and Virginia, Iowa’s data privacy law – formally titled “An Act Relating to Consumer Data Protection, Providing Civil Penalties, and Including Effective Date Provisions”
The Door Opens for Astronomical Damages Under BIPA
An Illinois Supreme Court ruling on February 17, 2023 opened the door to astronomical damages under the Illinois Biometric Information Privacy Act (“BIPA”). Enacted in 2008, BIPA provides for a private right of action against an entity that collects or discloses a person’s biometric identifier without opt-in consent.
Do Your Insurance Policies Cover Cyberattacks From State-Sponsored Entities?
Cyberattacks on corporate networks are on the rise, and the ramifications from such attacks can be financially devastating. Recent benchmarking data shows that the number of material cyber breaches at large businesses increased by 20.5% from 2020 to 2021, with cybersecurity budgets across industries aimed at preventing breaches jumping 51%. And while businesses suffering cyberattacks
Five Years It Is — Illinois Supreme Court Decides BIPA Statute of Limitations
The Supreme Court of Illinois relied on legislative intent, policy concerns and precedents to hold that all Biometric Information Privacy Act claims are subject to a five-year statute of limitations. Read on to learn more about the Tims v. Black Horse Carriers, Inc. opinion and how it may impact businesses and their BIPA decisions going forward.
Ohio Supreme Court: Insurance Policy Does Not Cover Ransomware Attack on Software
In a unanimous decision, the Ohio Supreme Court found that a computer software company’s business owners insurance policy does not cover losses resulting from a ransomware attack on the company’s computer software systems because the attack did not cause physical loss or physical damage to the software.
Read on for background on this case and
New Year Brings New State-Level Data Privacy Protections
As 2022 draws to a close, it is important to keep in mind that key state-level regulations on consumer and employee data privacy will become effective as soon as 2023 begins. Data security measures, personal data processing activities and privacy policies of businesses covered by the regulations are now proscribed specific standards and requirements in