This week the European Data Protection Board (EDPB), a body that represents European data protection authorities, set up a new cookie banner taskforce. The new taskforce will coordinate the response to over 400 complaints concerning cookie banners filed by a nonprofit organization founded by Max Schrems, None of Your Business (NOYB).
‘Contact tracing’ is a process used by public health officials to identify individuals who may have come into close proximity with a contagious virus, such as COVID-19. Traditionally, infected persons are asked to identify interactions with people whilst infected or in the days leading up to infection being diagnosed. Health practitioners can then contact those at risk to warn them of potential exposure, what steps to take and how to avoid infecting others.
A recent data breach and subsequent bankruptcy combine to form a cautionary tale on the importance of cyber insurance. On our Insurance & Recovery blog Policyholder Pulse, in “From Data Breach to Bankruptcy – A Cautionary Tale for Those Without Cyber Insurance,”colleagues Matthew G. Jeweler, Meighan E. O’Reardon, Curtis A. Simpson and Robert Shoemaker examine the data breach suffered by American Medical Collection Agency and how that forced its parent company, Retrieval-Master Creditors Bureau Inc., into Chapter 11.
The Board of Governors of the Federal Reserve System has recently indicated it may move forward with enhanced cybersecurity standards that had previously been floated by the Board, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) back in 2016. Specifically, in October 2016, the Board, the three entities issued a joint advance notice of proposed rulemaking (ANPR) on enhanced cybersecurity standards before deprioritizing it in 2017. While the OCC and the FDIC withdrew their ANPRs earlier this Spring, the Board may revive the issue this coming Fall.
The recent data breach of India-based technology services provider Wipro serves as yet another reminder that technology or outsourcing service providers are high-priority targets for cyberattacks. In “Managing Risk in Light of the Wipro Data Breach,” colleagues Meighan E. O’Reardon, Andrew Caplan, Mia Rendar and
Financial institutions regulated by the New York Department of Financial Services (DFS)—referred to in this post as “Covered Entities”—should by now be well familiar with the department’s sweeping cybersecurity regulation, 23 NYCRR 500, that became effective on March 1, 2017. The regulation delves into a level of detail (e.g., multi-factor authentication and encryption requirements) and requires a level of senior level attention (e.g., annual attestation of compliance, signed by the Board of Directors or a Senior Officer) heretofore unseen in U.S. federal or state regulations.
At a recent seminar discussion on smart buildings, I was reminded of the Mr. Robot episode where the general counsel of a multinational corporation, which is being targeted by a hacker group, has her futuristic apartment hacked. In case you haven’t been watching, Mr. Robot is USA Network’s psychological thriller about a young programmer who works as a cybersecurity engineer by day but by night is a vigilante hacker.
- The European Union Court of Justice (“CJEU”) to rule on the validity of Model Contractual Clauses (“MCCs”) following referral by the Irish High Court.
- The Irish High Court has “well-founded” concerns that there is no effective remedy in US law for EU citizens whose personal data is transferred to the United States and the use of MCCs does not eliminate those concerns.
The increasing number of software supply chain compromises represents a significant weakness that should be top of mind for security professionals. Regardless of your firm’s core business, chances are they rely on and are connected to a range of software provider’s electronic distribution channels for acquiring initial licenses or software updates. Any such electronic access, even through authorized and vetted means, poses a risk to the organization. Put simply: your software provider’s vulnerabilities could easily become your next breach.
A number of major carriers have suffered high-impact IT events in the past several months. Estimates of losses in these cases have exceeded £100m. This is on top of (no doubt significant) remedial costs, reductions in share price and reputational damage.
Such high-impact events are, in theory, unlikely to occur—the result of a series of unlikely events which when taken together have a catastrophic impact. Unfortunately for corporates, the probability of a high impact IT event is increasing. This is partly due to the increasingly interconnected and complex nature of IT infrastructures but also due to heightened cybersecurity risks. Failures tend not to be not localised to a particular geography or business but have global reach.
We advise airlines to consider and revisit their current business continuity and disaster recovery (BCDR) arrangements. In our experience, the reality of BCDR arrangements often falls below the stated requirements or capabilities of such solutions, whether provided by third-party IT providers or in-house.