The UK Online Safety Bill was passed by Parliament earlier this week and is expected to soon become law through royal assent. The Online Safety Act (UK OSA) will impose a series of sweeping obligations, including risk assessment, content moderation, and age assurance requirements, on a variety of online services that enable user-generated content, including
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Updating Corporate and Cybersecurity Practices To Satisfy the SEC’s Final Cybersecurity Disclosure Rules: Assessing Materiality of Cybersecurity Incidents
In the wake of the SEC’s new rule requiring prompt disclosure of cybersecurity incidents, incident response (IR) teams have asked how they should modify IR plans to promote compliance with the new rule. We have summarized the SEC’s new rules here and discussed some of the nuances of materiality determinations here. In a separate …
Global Online Safety Regulators Issue Statement on Human Rights and Online Safety Regulation
The Global Online Safety Regulators Network (Network) issued a position statement on human rights and online safety regulation on September 13, 2023.
The Network is intended to facilitate a coherent international approach to online safety regulation by enabling online safety regulators to share insights, experience, and best practices. The current Network members include: the eSafety…
A Deep Dive Into the SEC’s Materiality Trigger for Cybersecurity Incident Disclosures
The U.S. Securities and Exchange Commission (SEC) adopted final rules relating to cybersecurity disclosure on July 26, 2023, which will take effect on December 18, 2023. As we outlined in a prior post, the new rule requires public companies to disclose material cybersecurity incidents and to make affirmative representations relating to the organization’s cybersecurity…
FTC’s COPPA Enforcement Action Provides Lessons for Edtech Providers
The Federal Trade Commission recently announced an enforcement order against edtech company Edmodo for allegedly violating the Children’s Online Privacy Protection Act. In its complaint, the FTC alleged that Edmodo violated COPPA by collecting, using, and disclosing personal information from children without obtaining “verifiable parental consent,” and retaining the personal information collected for longer than…
It’s Official: Cybersecurity Disclosure Is Coming This Year
The U.S. Securities and Exchange Commission adopted final rules on July 26, 2023, requiring public companies to provide current disclosure, within what may be a short time window, about material cybersecurity incidents and to include disclosure relating to cybersecurity risk management, strategy, and governance in annual reports.According to the SEC, these rules are designed to…
Full Steam Ahead: Updates in Enforcement of California Privacy Law
A court-ordered stay on enforcement of updates to certain parts of the California privacy regulation (the Ruling) has not slowed down enforcement of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). In fact, the hot summer months of July and August are poised to be busy months of…
COPPA: Public Comment Period Open for Proposed Verifiable Parental Consent Method
For the first time since 2015, the Federal Trade Commission (FTC) has been asked to approve a new “verifiable parental consent” (VPC) method under the Children’s Online Privacy Protection (COPPA) Rule. Under COPPA, operators of online sites and services “directed to children” under 13 must obtain VPC before collecting personal information from a child…
Cybersecurity Implementation Plan Offers a Roadmap for Cyber Priorities
The Biden Administration recently released the implementation plan for the National Cybersecurity Strategy. The Plan includes initiatives for new cybersecurity regulations, new and expanded liability regimes, broad public and private engagement, and new procurement obligations and funding opportunities. Companies should pay close attention to opportunities to help shape new regulatory and liability schemes and should…
The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy Act
As of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals. This Update…