The SEC has been on a cybersecurity tear in 2023, instituting new rules on disclosures of cybersecurity events and threat assessments. But not wanting to let go of the past, it brought suit on October 30 in the Southern District
The Firewall
Emerging Issues in Privacy and Cybersecurity Law
The Firewall, published by Dykema, focuses on developments in data privacy and cybersecurity law, including regulatory changes, compliance requirements, and litigation trends. The blog covers topics such as the California Consumer Privacy Act (CCPA) and its amendments, automated decision-making technology regulations, cybersecurity audits, and privacy rights enforcement. It also addresses issues related to international data transfer frameworks like the EU-U.S. Data Privacy Framework, biometric information privacy laws such as Illinois' BIPA, and the impact of legislative and judicial developments on businesses. The content is aimed at helping organizations navigate evolving privacy regulations and manage associated legal risks.
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Start Your Website Spring Cleaning – This Fall
Many businesses think their websites, like a spacecraft following Newton’s laws of motion, should just keep going once established. What may be reasonable in deep space is not particularly safe in the galaxy of data privacy, which is choked with…
Employers Beware – New Life for an Old Statute: Cook County Class Action Litigation Under the Genetic Information Privacy Act
This year, the Cook County docket has seen an influx of class action claims seeking redress under an older Illinois privacy statute, the Genetic Information Privacy Act (GIPA), no doubt due to the statute’s extreme statutory damage provisions. GIPA, enacted…
An Overview of AI
In a very short time, AI has evolved from an abstract idea to a practical tool. This demands legal thinking that can account for its use. AI as a concept began in the 1950s when well-known mathematician and scientist Alan…
Don’t Forget to Rewind: Replaying Video Privacy Laws.
One of today’s litigation hot spots has its roots among the cobwebs of ancient data privacy law. The United States today has a patchwork of national data privacy laws, all of which deal with sectors, be it ages of data…
Focusing on the “G” in ESG: Why it Makes the Most Money Sense for the Short and the Long Haul
In data privacy and security, we might have a “forest for the trees” moment right now. And they may not be the trees we expected. By now, you are familiar with the term ESG (Environmental, Social, and Governance). Although the…
SEC Adopts New Cybersecurity Disclosure Requirements
The Securities and Exchange Commission (SEC) has taken a significant step in bolstering cybersecurity disclosures for public companies by adopting new rules that aim to provide investors with comprehensive and standardized information on cyber risk management, strategy, governance, and incidents.…
How Much Forgiveness Does $1.3 Billion Buy in the EU?
On Monday, May 22, the European Data Protection Board (EDPB) published a decision hitting Meta, parent of Facebook, WhatsApp, and Instagram, with a €1.2b ($1.3b) fine for impermissibly transmitting personal information from the European Economic Area (EEA) to the United…
Texas Passes One of the Strongest Data Privacy Laws in the Nation
In between impeaching an Attorney General and creating a new type of business court, the 88th Texas Legislature passed the Texas Data Privacy and Security Act (TDPSA) (H.B. 4), which, once signed by Governor Abbott, will take effect July 1,…
What Do the Coinbase and Binance Lawsuits Mean for the Future of Crypto?
With two of crypto’s largest trading platforms coming under fire last week, what’s next for the digital currency industry? Ashley Fickel and Brian Newman of Dykema’s Financial Services Industry Group weigh in.…