Russia, Cybersecurity & Government Contracting – Faegre Drinker on Law and Technology Podcast


Russia’s invasion of Ukraine has created a host of challenges for the U.S. government to address, including the need to prepare for potential Russian cyberattacks and questions about how to handle Russian connections to supply chains and government contracts. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Faegre Drinker partners Dana Pashkoff and Jessica Abrahams to unpack the thorny issues at the nexus of Russia, cybersecurity and U.S. government activity.

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U.S. Government Details Prolonged Cyber Scheme by Russian State Actors Targeting the Energy Sector


Last month, the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Energy (DOE) issued a joint advisory providing “information on multiple intrusion campaigns conducted by state-sponsored Russian cyber actors” that targeted “U.S. and international Energy Sector organizations.” While CISA, the FBI, and DOE all responded to these campaigns “with appropriate action in and around the time they occurred,” the U.S. government determined that it was important to share information about the attacks “in order to highlight historical tactics, techniques, and procedures (TTPs) used by adversaries to target U.S. and international Energy Sector organizations.”

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Coming Soon to Singapore: Mandatory Data Breach Notifications


Singapore’s Personal Data Protection Commission (PDPC) issued a statement on March 1 announcing its plan to introduce mandatory breach notifications as part of a set of proposed amendments to the country’s Personal Data Protection Act (PDPA). The proposed amendments come in response to the PDPC’s recent review of the PDPA in order “to ensure that it keeps pace with the evolving needs of businesses and individuals, and balances safeguarding individuals’ interests and enables the legitimate use of personal data by organisations.” The details of the mandatory breach notification have not yet been made public, but the amendment will likely require organizations to notify the PDPC and affected data subjects when a certain level of breach has occurred.

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European Union Adopts Adequacy Decision For Safe Data Flows With Japan


On January 23, 2019, the European Commission announced its decision to adopt adequacy status with Japan for transfers of personal data.  Pursuant to the European Union’s (EU) General Data Protection Regulation (GDPR), this decision will allow personal data to flow freely between the 28 EU countries, three additional European Economic Area member countries (Norway, Liechtenstein, and Iceland), and Japan, without the need for additional data protection safeguards or derogations.  Japan adopted an equivalent decision with the EU on January 22, 2019.  These reciprocal findings of adequacy will create the largest area of safe data flows in the world.

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United States Is First Country to Join APEC Privacy Recognition for Processors Program


The United States recently became the first country to participate in the new Asia-Pacific Economic Cooperation (“APEC”) Privacy Recognition for Processors (“PRP”) program.  Finalized in 2016 and designed to certify privacy compliance for personal information processors within the Asia-Pacific region, the PRP program offers a trustmark certification to processors that demonstrate their capacity to assist data controllers in complying with relevant privacy obligations.  According to APEC, the PRP program was created so that (1) data controllers are able to identify qualified data processors to implement data controllers’ data processing obligations, (2) data processors are able to demonstrate their ability to provide effective implementation of a controller’s privacy requirements, and (3) small and medium-sized institutions are able to gain exposure and visibility into a global data processing network.  Continue reading “United States Is First Country to Join APEC Privacy Recognition for Processors Program”

EU May Soon Decide “Adequate” Status for Japan


The European Union (EU) may soon decide whether Japan will have “adequate” status for transfers of personal data from the EU.  Reuters reported on December 15, 2017 that the European Union is aiming to finalize a data transfer agreement with Japan by early 2018.

Set to be implemented in May 2018, the EU’s General Data Protection Regulation (GDPR) will require that EU citizens’ personal data be transferred to only countries  with an adequate data protection status, forbidding companies from storing EU citizens’ personal data in foreign countries deemed to have an “inadequate” level of privacy protection.

Under the EU’s privacy framework, the European Commission has the power to determine, based on Article 25(6) of Directive 94/46/EC, whether a foreign country has an “adequate” level of data protection under that country’s domestic laws or international commitments.  If a foreign country is deemed adequate, personal data can flow from the 28 EU countries (and three EEA member countries of Norway, Liechtenstein, and Iceland) to the foreign country without further safeguards.

The commission has so far deemed only 12 countries – Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, the United States (under the EU-US Privacy Shield), and Uruguay – as providing adequate protection.  The EU does not include the United States among its adequate protection countries. But Decision 2016/1250 on the adequacy of protection of the EU-US Privacy shield, commonly known as the EU-US Privacy Shield, was designed as a program whereby participating US companies or companies doing business in the US are deemed to have adequate protection.

An adequacy determination for Japan would be monumental for Japanese companies and companies doing business in Japan, with EU Justice Commissioner Vera Jourova recently stating that”[a]n adequacy decision would be great news for business as it would allow for the transfer of personal data from the EU to Japan without the need for extra authorisations.”

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