In a landmark enforcement action related to a bank data breach, the Office of the Comptroller of the Currency (“OCC”) assessed an $80 million civil monetary penalty and entered into a cease and desist order with the bank subsidiaries of
Cleary Cybersecurity and Privacy Watch
Global Legal Developments related to Cybersecurity Incidents, Cyber Corporate Governance and Regulation Issues, and Privacy and Data Protection Laws
Cleary Cybersecurity and Privacy Watch, published by Cleary Gottlieb Steen & Hamilton LLP, focuses on legal developments and regulatory issues related to cybersecurity, data privacy, and emerging technologies. The blog covers topics such as GDPR compliance, data breach liability, AI-related cyber threats, government enforcement actions, and evolving privacy laws. It also addresses the intersection of cybersecurity with corporate governance, international trade, and regulatory compliance. The blog provides analysis of court rulings, legislative initiatives, and enforcement trends affecting companies and legal practitioners navigating cybersecurity and privacy challenges.
Latest from Cleary Cybersecurity and Privacy Watch - Page 12
Schrems II: The CJEU Declares EU-U.S. Privacy Shield Invalid, Upholds the SCCs And Calls On 27 Supervisory Authorities to Ensure Their Compliance
In a highly-anticipated landmark judgment handed down on July 16, 2020, the Court of Justice of the European Union (the “CJEU”) in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (“Schrems II”, summarised in part 3. below and the…
Federal Court Compels Production of Data Breach Forensic Investigation Report
On June 25, 2020, a federal district court in the Eastern District of Virginia held that a bank must produce in discovery a report generated by its cybersecurity forensic investigator following a 2019 data breach involving unauthorized access to personal…
FS-ISAC Warns that Cyberattacks Against Financial Services Firms Increased Substantially in Response to COVID-19 Mitigation Efforts
Last month, the Financial Services Information Sharing and Analysis Center[1] (“FS-ISAC”) warned financial services companies, and particularly smaller firms, of a substantial increase in attempted cyberattacks since the start of the COVID-19 pandemic. In particular, cyber-attacks targeted at…
The Seventh Circuit Holds That Lack of Disclosure and Informed Consent Under Biometric Information Privacy Act Satisfies Article III Standing Requirement
On May 5, 2020, the Seventh Circuit Court of Appeals held that a plaintiff has standing to assert a claim under the Illinois Biometric Information Privacy Act (BIPA) even without alleging any economic loss or data breach. The court’s decision…
Cookie Walls and Scrolling Don’t Make the Grade – EDPB Clarifies Guidance on Consent Under GDPR
On May 4, 2020 the European Data Protection Board (“EDPB”) updated the guidelines on consent under the EU General Data Protection Regulation 2016/679 (the “GDPR”). The guidelines were originally published by the Article 29 Working Party on April 10, 2018…
The Dilemma of the Part-Time DPO – Lessons Learned from the Proximus Decision of the Belgian Data Protection Authority
On April 28, 2020, the Belgian data protection authority (the Gegevensbeschermingsautoriteit / Autorité de protection des données, the “Belgian DPA”), handed down a decision imposing a €50,000 fine on Proximus, Belgium’s largest telecommunications operator, on the ground that Proximus had failed to protect its…
COVID-19 Remote Working – GDPR Data Security Checklist
As many organisations adjust their business operations as a result of the COVID-19 pandemic, network and data security are in the spotlight. The significant increase in remote working, brings unique challenges and organisations must remain mindful of their legal obligations…
DOJ Issues Guidance on Private Sector Intelligence Gathering Activities on the Dark Web
Earlier this year, the Cybersecurity Unit (“CsU”) of the Computer Crime and Intellectual Property Section of the United States Department of Justice released guidance for the private sector entitled “Legal Considerations when Gathering Online Cyber Threat Intelligence and Purchasing Data…
CISA Alert: North Korean Cyber Threat Poses Increased Risk for Financial Institutions
On April 15, 2020, the U.S. Departments of State, the Treasury, and Homeland Security, and the Federal Bureau of Investigation issued an advisory alert providing guidance on the North Korean cyber threat and steps to mitigate that threat (the “Alert”).…