CDPA

CPRA Amended and Updates Regarding the CDPA

State governments in California and Virginia are making efforts to improve their respective data privacy and protection laws. Last month, California passed a suite of new privacy laws that will affect CPRA. Meanwhile, Virginia’s CDPA Work Group issued its final report, which will be presented during the upcoming legislative session. Updates: California Privacy Rights Act…
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Ransomware

Cyber Ransoms: To Pay or Not to Pay?

Ransomware attacks are an increasingly prevalent form of cyber threat. COVID-19 has contributed to the increase in ransomware attacks, as remote workforces are increasingly dependent on email and therefore susceptible to phishing attacks. In a typical ransomware attack, the hacker encrypts key files and systems at the target organization to cripple its operations and demands…
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PII

Courts Rule on When a Data Breach of PII is Actionable

The Second Circuit recently joined a growing number of federal courts to decide when a data breach of personally identifiable information (“PII”) is actionable. According to the Second Circuit, plaintiffs do not have standing to bring a lawsuit when there is no allegation their PII was targeted or misused. The Second Circuit’s decision To bring…
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PIPL

China’s Personal Information Protection Law: Key Takeaways

On August 20, 2021, China’s first comprehensive Personal Information Protection Law (“PIPL”) was passed into law. The Cybersecurity Law, the Data Security Law, and the PIPL of China are the three pillars of China’s data protection framework, which govern cybersecurity, data security, and personal information protection respectively. The Cybersecurity Law largely governs cybersecurity requirements for…
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CPRA

Initial Defenses Under the CCPA and CPRA: 8 Key Takeaways

Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial risk to companies including statutory damages up to $750 per consumer. Early key takeaways can help companies limit risk under the CCPA…
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Cryptocurrency

DOJ Announces National Cryptocurrency Enforcement Team

On October 6, the Department of Justice (“DOJ”) announced the creation of a National Cryptocurrency Enforcement Team (“NCET”). The DOJ press release is set forth in part below, without further commentary, other than to observe that the NCET’s stated goals are to address issues on which we repeatedly have blogged: crypto exchangers and their AML…
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GDPR

UK Ranks Second Highest in GDPR Fines

A new report from cybersecurity company ESET found that the UK ranks second highest in average GDPR fine value ($10 million), despite issuing the lowest number (five) of GDPR fines in the EU. Spain issued the highest number of fines (273), while Luxembourg issued the highest value fines. The report found that more than 650…
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Ransomware

New Ransomware Guidance Issued

On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued new ransomware guidance, discouraging companies and citizens from paying ransoms. The Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments is the latest step taken by the Biden Administration to curb the increase in ransomware attacks. In…
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Cybersecurity

How Cybersecurity Frameworks Can Protect Your Organization (Even in the Event of a Breach)

It’s certainly no secret how damaging data breaches can be for organizations today. And if lost revenue and a tarnished reputation aren’t enough to make you want to act, your organization could face punitive damages if you fail to protect your customers’ private information. Yes, that’s right—steep fines imposed by regulatory agencies can await those…
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CCPA

CCPA Enforcement is Picking Up. Are you Ready?

Although the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020 and subject to enforcement since July 1, 2020, it seemed until recently that compliance had been somewhat spotty. Well, it’s time to wake from your compliance slumbers and start paying attention because California’s new Attorney General (“AG”) Rob Bonta has…
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