South Dakota is the latest state to add notice requirements for data breaches, mandating notice within 60 days of the breach. Like many others before it, South Dakota armed the mandate with steep monetary penalties of up to $10,000 per day,
Data Security & Privacy
The Data Security & Privacy blog published by Phillips Lytle LLP focuses on legal developments and compliance issues related to data protection, privacy laws, and cybersecurity. It covers topics such as state and international privacy statutes, including the GDPR and emerging U.S. state laws, cross-border data transfer regulations, and enforcement actions. The blog also addresses privacy concerns in specific industries like online gaming and healthcare, as well as legislative proposals such as Canada's Digital Charter Implementation Act. It provides analysis of regulatory decisions impacting data analytics tools and guidance on managing privacy risks and compliance obligations for businesses operating domestically and internationally.
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New York Department of Financial Services Issues Cybersecurity Regulation Notices
The Department of Financial Services (“DFS” or “Department”) has issued notices to entities and licensees that it believes have failed to file a Certification of Compliance (“Certification”) pursuant to the Department’s Cybersecurity Regulation (“Regulation”). The Regulation required all DFS-regulated entities…
SEC Issues Guidance on Cybersecurity Disclosures
On February 21, 2018, the U.S. Securities and Exchange Commission (“SEC”) issued updated guidance to assist public companies with disclosure obligations under the federal securities laws relating to cybersecurity risks and incidents (“Guidance”). In addition to expanding upon the SEC’s…
Understanding and Managing Cybersecurity Risks Posed by Third Parties
Understanding and Managing Cybersecurity Risks Posed by Third Parties
Data security laws and regulations increasingly require businesses and organizations to perform sufficient oversight of their third-party vendor’s data security protocols. The interconnectedness of businesses and organizations in today’s marketplace means…
New General Data Protection Regulation Takes Effect May 25, 2018
As noted in Phillips Lytle’s recent Data Security & Privacy Client Alert, the new General Data Protection Regulation (“GDPR”) goes into effect on May 25, 2018. GDPR is a regulation that imposes requirements on businesses to protect the personal…
New York Department of Financial Services Publishes a Reminder about the Upcoming February 15, 2018 Compliance Certification Filing Deadline for Its Cybersecurity Regulation
On Monday, Superintendent Maria T. Vullo of the New York State Department of Financial Services (“DFS”) issued a reminder about the upcoming certification deadline under the DFS’s landmark Cybersecurity Regulation (“Regulation”). Superintendent Vullo stated that “[t]he DFS compliance certification is…
NYSDFS Cybersecurity Regulation: Certification of Compliance Required by February 15, 2018
As noted in Phillips Lytle’s most recent Data Security & Privacy Client Alert, there are only a few short weeks until the first certification deadline under the New York State Department of Financial Services Cybersecurity Regulation (“Regulation”). Pursuant to…
Cybersecurity Pressures within the Insurance Industry
On December 3, 2017, the National Association of Insurance Commissioners (“NAIC”) Cybersecurity (EX) Working Group met and noted that the U.S. Department of the Treasury has recommended that states nationwide work to implement NAIC’s recently adopted Insurance Data Security Model…
New York Seeks to Strengthen State Cybersecurity Laws through the Stop Hacks and Improve Electronic Data Security Act
In November 2017, New York Attorney General Eric T. Schneiderman introduced the Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) to the New York State legislature. The bill, sponsored by Senator David Carlucci and Assemblymember Brian Kavanagh, seeks…