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
Practical Insights from China on the Newly Issued Provisions on Cross-Border Data Transfer
On March 22, 2024, following nearly six months after the publication of the Provisions on Promoting and Regulating Cross-border Data Flows (Draft for Solicitation of Comments), the Cyberspace Administration of China (“CAC”) officially released the Provisions on Promoting and Regulating Cross-border Data Flows (“the Provisions”), which came into immediate effect. In accordance with the Provisions, CAC has also issued the “Guidelines for Data Export Security Assessment Declaration (Second Edition)” and the “Guidelines for Filing Standard Contracts for Personal Information Export (Second Edition).”Continue Reading Practical Insights from China on the Newly Issued Provisions on Cross-Border Data Transfer
Upcoming Event! Seyfarth Privacy Salon: Roundtable on Cross-Border Data Transfers, Privacy, and Cybersecurity
In recent years, privacy and cybersecurity consistently hit the top of legal leaders’ lists of their biggest concerns. In fact, a recent Association of Corporate Counsel Chief Legal Officers Survey found that, when rating a list of items on their importance to the business, CLOs placed cybersecurity, regulation and compliance issues, and data privacy as the top three most critical issues for the business.
Continue Reading Upcoming Event! Seyfarth Privacy Salon: Roundtable on Cross-Border Data Transfers, Privacy, and Cybersecurity
Upcoming Webinar! Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Join us for the fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys will equip you with practical strategies to bolster your defenses.
Continue Reading Upcoming Webinar! Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age
Is the Video Privacy Protection Act Losing its Allure?
This blog has been cross-posted on the Consumer Class Defense site.
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time soon. Although the claims center around use of tracking technology or analytics functions on consumer facing websites, several different statutes and claims have been asserted, including violations of state wiretap statutes and the Video Privacy Protection Act (“VPPA”).
Although these cases are largely at the motion to dismiss stage, and therefore there is little insight into how certain key defenses will play out, some recent decisions surrounding VPPA claims have shifted the landscape in certain defendant’s favor.Continue Reading Is the Video Privacy Protection Act Losing its Allure?
Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites
With so many companies being hauled into court in California based on claims that the functionalities on their website and use of service providers for marketing or analytics purposes violate consumer privacy rights, it is important to exhaust all possible defenses available to defendants. Late last year, the Ninth Circuit issued a ruling upholding a dismissal based on a lack of personal jurisdiction over a web-based payment company. Companies operating interactive websites may be able to take advantage of this ruling as part of their defense strategy in 2024.Continue Reading Ninth Circuit Opinion Supports Personal Jurisdiction Defense for Interactive Websites
CPPA Considers Next Set of CPRA Regulations Covering Cybersecurity Audits and Risk Assessments
The California Privacy Protection Agency (“CPPA”) issued and discussed draft regulations on Cybersecurity Audits and Risk Assessments late in the summer. The CPPA Board plans to discuss the draft regulations at its upcoming December 8th public meeting, along with a presentation on the regulations. Continue Reading CPPA Considers Next Set of CPRA Regulations Covering Cybersecurity Audits and Risk Assessments
How to Comply with and Unpack the Wide Reach of Washington’s My Health My Data Act (Webinar Recording)
On October 5, 2023, Seyfarth offered a Masterclass, hosted by Lexology, which was designed to familiarize in-house counsel and privacy professionals, in and out of Washington state, with the My Health My Data Act legislation. Portions of the Act are already in effect and go into further effect on March 31, 2024.
We explored its
SEC Publishes Public Company Cybersecurity Disclosure Final Rule
This blog post is co-authored by Seyfarth Shaw and The Chertoff Group and has been cross-posted with permission.
What Happened
On July 26, the U.S. Securities & Exchange Commission (SEC) adopted its Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure final rule on a 3-2 vote. The final rule is a modified version of the SEC’s earlier Notice of Proposed Rulemaking (NPRM) released in March 2022. The final rule formalizes and expands on existing interpretive guidance requiring disclosure of “material” cybersecurity incidents.Continue Reading SEC Publishes Public Company Cybersecurity Disclosure Final Rule
Multiple Cyber Incidents Impact Employee Benefit Plans and Participants
By this point, most people in the employee benefits space have heard about the MOVEit and Retirement Clearing House (RCH) cyber incidents, which could directly impact employers’ benefit plans. The MOVEit file transfer application is used by a number of vendors, including those that locate missing plan participants or find information regarding deceased plan participants (e.g., PBI Research Services). RCH is often used by retirement plans to facilitate benefit transfers, including for IRA rollovers. Other plan vendors/subcontractors may also use the MOVEit software application or subcontract with RCH for their plan services. Actual and potential victims have included state and federal government agencies as well as companies across a variety of industries (and their benefit plans) who were using MOVEit or RCH, or who engaged with service providers who used these tools.Continue Reading Multiple Cyber Incidents Impact Employee Benefit Plans and Participants