Fey LLC

Insights

Briefings on privacy, cybersecurity, AI governance, and cross-border data transfers.

The SEC’s Demanding Disclosure Obligations Take Effect in 12 Days: Overview of Key Compliance Obligations for Registrants under the SEC’s Cybersecurity Incident and Risk Management, Strategy, and Governance Disclosure Rules

Introduction On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted its final disclosure rules (“Final Rules”) for publicly traded companies relating to: (1) “material cybersecurity incidents”; and (2) “material information regarding their cybersecurity risk management, strategy, and governance.” The adoption of the Final Rules comes from a rulemaking process that started in March…

Read insight — The SEC’s Demanding Disclosure Obligations Take Effect in 12 Days: Overview of Key Compliance Obligations for Registrants under the SEC’s Cybersecurity Incident and Risk Management, Strategy, and Governance Disclosure Rules

OCR and FTC Team Up Against Transfers of Health Information through Online Tracking Technologies

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) and the Federal Trade Commission (FTC) are teaming up to raise awareness of “serious privacy and security risks” associated with the disclosure of health information via online tracking technologies employed on websites and mobile applications, and of three agencies’ commitment…

Read insight — OCR and FTC Team Up Against Transfers of Health Information through Online Tracking Technologies

European Data Protection Board Guidelines Clarify when Processing is an International Transfer under the GDPR

The European Data Protection Board (“EDPB”) has started a public consultation for new Guidelines. Although the Guidelines will not be legally binding, they do provide needed guidance regarding the interaction between GDPR art. 3 (addressing territorial scope of the GDPR) and chapter 5 (addressing transfers of personal data to third countries or international organizations). The version of the Guidelines that is…

Read insight — European Data Protection Board Guidelines Clarify when Processing is an International Transfer under the GDPR

Fey LLC Article on Nation State Hacking Published in Kansas Journal of Law & Public Policy

The recent SolarWinds cyberattack, America’s “Cyber Pearl Harbor,” is a painful reminder of the vulnerability of government agencies, academia, for-profit corporations, and non-profit organizations to nation state cyberattacks. Such cyberattacks against public and private sector organizations of all sizes are increasing in volume, sophistication, effectiveness, and covertness. In their article America the Vulnerable: The Nation State Hacking Threat…

Read insight — Fey LLC Article on Nation State Hacking Published in Kansas Journal of Law & Public Policy