Sweeping Amendments to NYDFS Cybersecurity Regulation

On November 1, 2023, the New York Department of Financial Services (NYDFS) announced extensive amendments to its cybersecurity requirements for financial institutions issued under 23 NYCRR Part 500.  The amendments are intended to address the evolution in the cybersecurity landscape since the regulation was first enacted in 2017, including

Continue Reading US: Regulators Enhance Information Security Requirements for Financial Services Companies

Background

March 2023 saw the launch of the European Data Protection Board’s (EDPB’s) second coordinated enforcement action (CEF 2023), which focused on the designation and position of Data Protection Officers (DPOs). Data Protection Authorities (DPAs) across the EEA have launched coordinated investigations into this topic. In particular

Continue Reading Europe: EDPB coordinated enforcement action identifies areas of improvement to promote the role and recognition of DPOs

2023 was a busy year for the Court of Justice of the European Union (CJEU), with the issuance of a number of far-reaching judgments on the interpretation and application of the GDPR.

In December 2023, the CJEU delivered two important decisions which supplement a growing body of jurisprudence on the issuance of administrative fines and

Continue Reading CJEU Insight

In 2010, Congress included a provision in the Consumer Financial Protection Act (CFPA) requiring that the Consumer Financial Protection Bureau (CFPB or Bureau) promulgate rules effectuating what is commonly referred to as “Open Banking.”   Specifically, the rules would require any entity that engages in offering or providing a consumer financial product or service to make

Continue Reading US: Open Banking Regulation Arrives in the US

After several failed attempts in recent decades to summarize and codify the data protection provisions relating to employees and other workers in a single Employee Data Protection Act, the current government is once again attempting to do so.

Current legal situation in Germany

Currently, employee data protection in Germany is largely determined by case law.

Continue Reading Germany: New legislative procedure for an Employee Data Protection Act

Author: Carolyn Bigg, Amanda Ge, Venus Cheung, Gwyneth To

With 2023 having come to an end, the fast-paced changes to the China data protection regime throughout the year are continuing well into Q1 2024.

As well as a near finalisation of the different routes to legitimise cross-border data transfers, the Cyberspace

Continue Reading CHINA: data protection regulations – a lookback at 2023 developments

Since the enactment of Singapore’s Cybersecurity Act (Act) in August 2018, the digital battlefield has transformed dramatically. The nation’s move towards digitalisation has not only spurred the growth of Singapore’s digital economy but also brought new cyber threats and challenges to the fore.

Given this, the Cyber Security Agency of Singapore (CSA

Continue Reading Imminent Changes to Singapore’s Cybersecurity Act: New Obligations on Service Providers

Authors: James Clark and Verena Grentzenberg

The Court of Justice of the European Union (CJEU) has delivered an important judgment on the scope and interpretation of the ‘automated decision-making’ framework under the GDPR.  It is a decision that could have significant implications for service providers who use algorithms to produce automated scores, profiles

Continue Reading EU: Significant new CJEU decision on automated decision-making

On 27 November 2023, the Council formally adopted the final version of the regulation on harmonised rules on fair access to and use of data (“Data Act”), after the European Parliament had adopted the Data Act earlier this month.

Drafted with the objective of fostering innovation and facilitating the sharing of data between

Continue Reading EU: EU formally adopts ‘Data Act’

The European Data Protection Board has published new guidelines (14 November 2023) on the scope of Article 5(3) of the e-Privacy Directive – i.e., the so-called ‘cookie rule’.  

These guidelines apply a maximalist interpretation to the cookie rule, meaning that a wide variety of technologies other than traditional cookies are, in the opinion of the

Continue Reading EU: New EDPB guidelines on the scope of the ‘cookie rule’

Authors: Heidi Waem, Muhammed Demircan, Nicolas Becker

On 29 September 2023, the Belgian Data Protection Authority (Belgian DPA) issued a decision imposing a reprimand on a public authority and its processor for various infringements of the GDPR, including the lack of a timely signed data processing agreement between the public authority – who

Continue Reading Belgian DPA decides on the (in)validity of retroactive data processing agreements