We have recently written on whether protecting personal data should be regulated using a property model instead of a privacy model (and concluded, probably not).  Another framework for regulating personal data that is getting increased attention is a national security model, which looks at securing personal data as a means
Continue Reading Considering A National Security Framework for Protecting Personal Data

Over the last few years, the creation of new cybersecurity regulations has been robust, but actual enforcement has been tepid. This is understandable in any new regulatory regime, especially one where the standards are vague, the conduct is evolving, and therefore, there is considerable uncertainty on the part of the
Continue Reading The NYAG Dunkin’ Donuts Cyber Case – One More Sign that the Days of Stick for Cybersecurity Enforcement May Be Around the Corner

We have issued a client alert on three key takeaways on the Office of the Attorney General of California’s recent notice of proposed rulemaking activity and related proposed regulations to provide guidance on the California Consumer Privacy Act.
Continue Reading Highlights & Takeaways: California Attorney General Releases Proposed CCPA Regulations – Davis Polk Client Alert

As public pressure increases on legislators to better protect the personal information that organizations collect, interest has grown in using a property framework, rather than the current privacy model. On October 1, U.S. presidential candidate Andrew Yang became the latest policymaker to advocate for a data security framework that treats
Continue Reading Should Protection of Personal Data Be Regulated Using A Property Model, Rather Than a Privacy Model? Probably Not.

As regulators ramp up their cybersecurity enforcement, one area of increasing focus is in-house expertise.  Regulators are starting to explicitly require companies to have qualified data protection personnel.  For example, the New York Department of Financial Services (NYDFS) cyber rules require that companies’ cybersecurity personnel be qualified to manage the
Continue Reading Lack of In-House Cyber Expertise, a Growing Concern for Regulators, Leads to $1.5M CFTC Penalty

We have issued a memo on the European Court of Justice’s recent preliminary ruling on the GDPR and a data subject’s qualified right of erasure with respect to personal data, which concluded that EU rules require a search engine operator to carry out such a request only on versions of
Continue Reading European Court of Justice Limits Territorial Reach of “Right to Be Forgotten” – Davis Polk Memo

We first wrote about Business Email Compromise (“BEC”) scams in 2015.  Over the last four years, these attacks have continued unabated.  According to the FBI, in just the last year alone, there were over 20,000 reported BEC scams, with adjusted losses of over $1.2 billion.  One reason this
Continue Reading The Rise of Deepfake Audio Means It’s Time to Revisit Business Email Compromise Scams and Ways to Reduce Risk

The Cybersecurity Law Report recently published an article by Davis Polk titled Lessons from Equifax on How to Mitigate Post-Breach Legal Liability.  The article analyzes the July 2019 settlement between Equifax and the Federal Trade Commission, Consumer Financial Protection Bureau, and 50 state and territorial attorneys general and uses
Continue Reading Lessons from Equifax on How to Mitigate Post-Breach Legal Liability, by the Davis Polk Cyber Blog Team, published in The Cybersecurity Law Report

We have previously written about legal risks companies will face from the California Consumer Privacy Act (CCPA) when it goes into effect on January 1, 2020.  In short, companies can be subject to consumer class actions alleging statutory damages for mishandled data—and a key defense to those suits will be
Continue Reading New York’s SHIELD Act Creates Significant New Cybersecurity Obligations for Thousands of Firms Worldwide

By now, most major U.S. companies are generally aware of the new privacy requirements that will be imposed by the California Consumer Privacy Act (“CCPA”) when it goes into effect on January 1, 2020, including data access and deletion rights for consumers as well as restrictions on selling personal information. 
Continue Reading The Biggest Risk with CCPA May Be Cybersecurity, Not Privacy: 10 Things Companies Are Doing Now to Prepare