Until now, companies primarily regulated by the Federal Trade Commission (FTC) were given only vague directives to implement systems sufficient to safeguard customer data, coupled with FTC “recommendations” as to best practices. That is about to change with the FTC’s finalization of its proposed amendments to the Standards for Safeguarding Customer Information (Safeguards Rule) on
A Fintech Leader’s Thoughts on the North Carolina Regulatory Sandbox Act
As part of Bradley’s continuing coverage of the North Carolina Sandbox Act, we wanted to know what community members and NC fintech aficionados thought about this proposed legislation. We posed six questions to Tariq Bokhari, an influential leader in the financial technology (fintech) industry, who serves as the executive director of the Carolina Fintech
Another Data Privacy Law? Colorado Enacts the Colorado Privacy Act
Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the California Consumer Privacy Act (CCPA), the California Privacy Rights Enforcement Act (CPRA), and the Virginia Consumer Data Protection Act (VCDPA), as
Technology Boom in NC? What You Should Know About the Proposed Regulatory Sandbox in the Tarheel State
Technology is evolving and advancing at a dizzying pace across the globe. Emerging technologies are reimagining everything from how we interact with each other to how we interact with businesses and institutions. Given the upward trajectory of technology, it seems that the “innovation” business is ripe for opportunity — an opportunity that appears poised to
Energy and Infrastructure Companies Need to Know about the DOE’s and Other Agencies’ Focus on Cybersecurity
On March 18, 2021, the Department of Energy’s (DOE) Office of Cybersecurity, Energy Security, and Emergency Response (CESER) announced three new research programs that are “designed to safeguard and protect the U.S. energy system” from potential cyberattacks. The DOE also announced a 100-day plan to address cybersecurity risks to the U.S. electric system. Not to
Executive Order on Cybersecurity Sets Aggressive Timeline
The Colonial Pipeline cyberattack prompted the issuance of a long-awaited executive order (EO) on improving U.S. cybersecurity. The EO mandates that, within six months, all federal agencies implement multi-factor authentication (MFA) and both at-rest and in-transit encryption. It also calls for agencies to comprehensively log, share, and analyze information about cyber incidents and creates a
Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases
While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional standing requirements. Previous to McMorris v. Carlos Lopez, McMorris v. Carlos Lopez & Assocs., LLC, many have argued there was a circuit
Florida Legislature Considers Sweeping Data-Privacy Legislation Supported by Governor
Florida has joined the wave of states considering new comprehensive data privacy legislation. On February 15, 2021, Rep. Fiona McFarland introduced HB 969, modeled after the California Consumer Privacy Act (CCPA). The bill is supported by Gov. Ron DeSantis and the speaker of the Florida House. As introduced, HB 969 would apply to for-profit businesses
Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet Allowed
In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that plaintiffs failed to state a claim under Federal Rule of Civil Procedure 12(b)(6), while Envestnet argued that its status as the parent
A Second Chance for the Public Health Emergency Privacy Act
This is the seventh alert in a series of Bradley installments on privacy and cybersecurity developments arising from the COVID-19 pandemic. Click to read the first, second, third, fourth, fifth, and sixth installments.
Sen. Mark Warner (D-Va.) has re-introduced a bill to create the Public Health Emergency Privacy Act (PHEPA).