On September 6, 2024, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2024-01, titled “Cybersecurity Guidance Update.” The updated guidance clarifies that the DOL cybersecurity guidance applies to all ERISA-covered plans, and not just retirement plans, but also health and welfare plans. Also, as a direct response to service providers’ concerns, the DOL expanded its 2021 guidance to emphasize that plan sponsors, fiduciaries, recordkeepers, and participants should adopt cybersecurity practices across all employee benefit plans. With cyber risks continually evolving, the update highlights the importance of implementing robust security practices to protect participant information and plan assets.Continue Reading The Department of Labor’s Expanded Cybersecurity Guidance: What ERISA Plan Sponsors and Fiduciaries Need to Know
Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law
Seyfarth Synopsis: In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that person-to-website interactions fall outside the Act’s scope, which focuses on person-to-person communications. However, the court emphasized that other privacy laws could still apply to such tracking practices. This ruling may influence how similar cases proceed nationwide and signals to the Massachusetts legislature that any broader restrictions on web tracking require explicit statutory action.Continue Reading Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law
Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365
The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and collaboration. For years, there has been debate about how platforms like Microsoft 365, formerly Office 365, could be deployed in a way that complies with the GDPR processing and transfer restrictions. And it turns out that even the European Commission (EC) itself can apparently get it wrong. In a surprising turn of events earlier this month, the European Data Protection Supervisor (EDPS) concluded its nearly three year investigation into the Commission’s own deployment and use of Microsoft 365, signaling a pivotal moment in the conversation about the GDPR privacy and security requirements for cloud-based messaging and document collaboration platforms.Continue Reading Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365
SEC Proposes Mandatory Cybersecurity Disclosures by Public Companies
Introduction
On March 9, 2022, the U.S. Securities and Exchange Commission (“SEC”) proposed mandates for cybersecurity disclosures by public companies. If adopted, these mandates seek to provide investors a deeper look into public companies’ cybersecurity risk, governance, and incident reporting practices. SEC chair Gary Gensler noted in a statement regarding the proposed mandates that cybersecurity incidents continue to become a growing risk with “significant financial, operational, legal, and reputational impacts.”
“The interconnectedness of our networks, the use of predictive data analytics, and the insatiable desire for data are only accelerating, putting our financial accounts, investments, and private information at risk. Investors want to know more about how issuers are managing those growing risks.” – Gary Gensler, SEC ChairpersonContinue Reading SEC Proposes Mandatory Cybersecurity Disclosures by Public Companies
President Biden Signs Bill Mandating Cyber Reporting for Critical Infrastructure Entities
Introduction
On March 15, 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022. The Act will require critical infrastructure organizations (defined below) to report cyber attacks to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours. The Act also creates an obligation to report ransomware payments within