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Data Matters Blog

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Unpacking Digital Data Laws Across Europe: Addressing the Digital Markets Act

European Union - January 24 2023 The EU Digital Markets Act (DMA) is set to revolutionize the way in which so-called ‘Big Tech’ is regulated in the EU, shifting toward ex-ante…

EU Publishes New NIS2 Cyber Directive Imposing Liability and Obligations on Senior Management

European Union - January 19 2023 On 17 January 2023, the new Network and Information Systems Security Directive (“NIS2 Directive”), which is aimed at establishing a minimum level of…

Broker-Dealers and Investment Advisers Should Double-Check Their “Identity Theft” Programs: SEC Division of Examinations Issues Risk Alert on SEC’s Identity Theft Red Flags Rule, Regulation S-ID

USA - January 12 2023 On December 5, 2022, the Division of Examinations of the Securities and Exchange Commission (SEC) released a Risk Alert discussing its observations…

NY DFS Proposes New Class of Entities and More Detailed Regulations in Second Amendment to Cybersecurity Regulations

USA - December 6 2022 On November 9, 2022, the New York Department of Financial Services (DFS) published its proposed second amendment to its cybersecurity regulations (23…

Drizly FTC Order Introduces Significant Minimization, Deletion and Retention Requirements

USA - December 5 2022 On October 24, 2022, the Federal Trade Commission (“FTC”) issued an order (the “Order”) against the online alcohol marketplace, Drizly, and its CEO…

New California Law Adds to Complexity of Content Moderation

USA - November 23 2022 States and Congress have been enacting or debating different approaches to online “content moderation” by social media and other internet platforms…

European Commission publishes draft Cyber Resilience Act

European Union - November 9 2022 On 15 September 2022, the European Commission (“Commission” or “EC”) published a draft proposal for a Cyber Resilience Act (“CRA” ). The CRA comes in…

CFPB Begins Rulemaking on Data Access and Portability

USA - November 8 2022 The Consumer Financial Protection Bureau (CFPB) on October 27, 2022 took the long-anticipated first step to issue a regulation implementing Section…

HHS Office for Civil Rights Releases Webinar on Recognized Security Practices: Provides Guidance on Mitigating Potential Violations of HIPAA

USA - November 2 2022 Pursuant to legislation passed in 2021, covered entities and business associates subject to HIPAA and facing potential regulatory enforcement may…

Developments to Improve the Cybersecurity of Federal Government Agencies, Critical Infrastructure

USA - October 28 2022 Recently, several developments have been proposed or announced to help identify and mitigate cyber risk for United States critical infrastructure…