The State of Cybersecurity and Privacy Regulatory Oversight

Overview

In the absence of comprehensive federal law, US cybersecurity and privacy compliance is governed by a shifting patchwork of frameworks that businesses and their counsel struggle to decipher. This course provides an overview of three leading bodies and their policies: the Federal Trade Commission's privacy and security rulemaking, the New York Department of Financial Services cybersecurity regulation, and the California Consumer Privacy Act (with its CPRA amendments). Attorneys learn the key requirements businesses face, regulatory priorities, and how to assess jurisdiction- or industry-specific obligations for their clients.

What you’ll learn

• ✓Understand the FTC's enforcement authority and rulemaking process for privacy and security
• ✓Analyze the FTC ANPR on Commercial Surveillance and Data Security as a rulemaking case study
• ✓Identify the key requirements and required actions under the NYDFS cybersecurity regulation, including incident response plans
• ✓Explain consumer rights under the CCPA and the major CPRA amendments and CPPA enforcement role
• ✓Assess jurisdiction- and industry-specific cybersecurity and privacy obligations for clients

Curriculum

1. 1. Attorney Rulebook: FTC Privacy and Security Rulemaking

   Overview of the FTC and its enforcement authority and rulemaking process, an ANPR case study on the Trade Regulation Rule for Commercial Surveillance and Data Security, next steps and potential implementation/enforcement issues, and relevant case law.

   Video coming soon

2. 2. Understanding NYDFS Cybersecurity Regulations

   Overview of the New York DFS statute and why it matters, its key requirements translated into action items, and what the state requires an incident response plan to include.

   Video coming soon

3. 3. 2022 Year in Review: CCPA and What Lies Ahead

   Overview of the CCPA, consumer rights, the CPRA's critical 2022 amendments (expanded covered businesses and personal-data definition), the role of the CPPA, and 2023 recommendations.

   Video coming soon