Privacy & Cybersecurity Newsletter May 2022

Locke Lord’s Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.

In This Issue

ACH Update

Reminder of June 30 Deadline: NACHA Rules Require Enhanced Protection for ACH Authorizations
Broadly, there are two sets of rules governing obtaining authorizations to debit consumers’ bank accounts. read more

Cybersecurity

Russian Threats and the Need to Protect Critical Infrastructure
U.S. authorities have increased warnings of threats to critical infrastructure from Russian sources and have laid the groundwork for 72-hour reporting requirements for critical infrastructure organizations. read more

Updating Security Exhibits for Remote Personnel
When the pandemic hit, companies across the country and beyond scrambled their workforces to work from home. read more

State Privacy Laws

Emerging Requirements for Data Protection Impact Assessments
Under the emerging regime of privacy laws in the U.S., businesses must prepare to assess the protection of certain information in view of proposed data processing activities, beginning with the new laws to be effective in 2023 in California, Colorado and Virginia. read more

Check Your Phone: States Continue to Enact Mini-TCPAs
Companies that use the latest technology to contact customers and prospects by telephone or text messages breathed a huge sigh of relief after the United States Supreme Court issued its decision in Facebook, Inc. v. Duguid^[1] adopting the correct and narrow definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). read more

Privacy Is the Buzz in the Beehive State: Utah’s Consumer Privacy Act
As was widely predicted in the wake of the California Consumer Privacy Act, comprehensive privacy legislation continues to ripple out across the various states in 2022. read more

Insurance for Wire Transfer Fraud

WTF?! – Wire Transfer Fraud Coverage Disputes Continue
Business email compromises (BECs) remain big business. read more