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The Consumer Financial Protection Bureau (CFPB), the primary federal regulator charged with enforcing consumer financial protection laws, recently announced a proposed rulemaking that would require the myriad non-banks subject to CFPB authority to disclose various consumer contract provisions that the CFPB deems potentially harmful on a public registry. These provisions include arbitration requirements; waivers of claims a consumer can bring in a legal action; limits on a company’s liability to a consumer; clauses limiting a consumer’s ability to bring legal actions by dictating the time frame, form, or venue for legal action; limits on the consumer’s ability to voice complaints or post reviews; and other waivers of consumer rights and legal protections.

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For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the work. Welcome clarity has now been provided by the Supreme Court in the case of Triple Point Technology Inc v PTT Public Company Ltd. The decision means that unless the liquidated damages clause “clearly” provides otherwise, liquidated damages for any work not completed by the date provided for in the agreement can be claimed for the period up to the date of termination.

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Multicloud-1318623693-300x169Modern cloud computing only came into existence about 20 years ago, but now virtually all enterprises (99%) are using cloud services. Cloud adoption accelerated further in the last two years because of the COVID pandemic as a result of an increase in remote work, the evolution of online business strategies (e.g., e-commerce), and the focus on business resilience. In addition, given budget uncertainties, moving technology tools, data and storage to the cloud usually results in significant cost savings to an organization, which is the top priority for organizations using cloud services six years in a row.

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EPDB-logo-300x300The European Data Protection Board (EDPB), the body which represents EU data protection authorities, has adopted guidelines (Guidelines) confirming when transfers need to be “safeguarded” in accordance with the GDPR (and importantly when they do not). In particular:

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EPDB-logo-300x300This week the European Data Protection Board (EDPB), a body that represents European data protection authorities, set up a new cookie banner taskforce. The new taskforce will coordinate the response to over 400 complaints concerning cookie banners filed by a nonprofit organization founded by Max Schrems, None of Your Business (NOYB).

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abstract data into black hole

The last decade saw explosive growth in enterprise migration to the cloud, a trend driven by the promise of lower overhead costs and greater scalability. Given this, many have made the leap and moved both non-mission-critical workloads and mission-critical functionality into the cloud.

This is where “data gravity,” a phrase coined by Dave McCrory comes into play. Data gravity is the “effect that attracts large sets of data or highly active applications/services to other large sets of data or highly active applications/services, the same way gravity attracts planets or stars.” So, in the simplest terms, data gravity is the idea that increasing volumes of data can cause data to function like an anchor, making it increasingly difficult to move as the data in question continues to increase.

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On October 20, 2020, a consortium of U.S. federal financial regulators (Regulators)[1], issued a proposed rule (Proposed Rule) that, if enacted, would codify that mere supervisory guidance that is not the product of notice and comment rulemaking—e.g., interagency statements, advisories, bulletins, policy statements, and FAQs—does not have the force of law. The Proposed Rule would further clarify that the Regulators will not take enforcement actions (including less draconian supervisory actions, like issuing “matters requiring attention”) based on violations of, or non-compliance with, such guidance.

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iStock-1215953761-wfh-covid-19-300x150As if a global pandemic was not enough to trigger hypervigilance, cybercriminals have seized the COVID-19 crisis as an opportunity to exploit individuals’ and organizations’ cybersecurity vulnerabilities.

The FBI anticipates a rise in cyber-exploitation during this time, and has warned citizens of the various means of launching a cyberattack. In recent months, amid the precautions and stay-at-home orders to curb the spread of COVID-19, the global workforce has changed drastically to work-from-home environments. This shift poses its own unique risks to both personal cybersecurity, and that of third-party service providers. What’s more, cyber actors are capitalizing on panic and uncertainty by using insidious means to gain access to the personal information of businesses and individuals. Your organization should consider some of the following cyber risk factors as we continue to navigate this unprecedented COVID-19 crisis.

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iStock-577965144-contact-tracking-300x200‘Contact tracing’ is a process used by public health officials to identify individuals who may have come into close proximity with a contagious virus, such as COVID-19. Traditionally, infected persons are asked to identify interactions with people whilst infected or in the days leading up to infection being diagnosed. Health practitioners can then contact those at risk to warn them of potential exposure, what steps to take and how to avoid infecting others.

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In managing relationships with their suppliers during the pandemic, companies will find it in their interest to show some flexibility—but only within certain parameters. In “COVID-19: BCP and Remote Work Notifications from Suppliers,” colleagues Aaron M. Oser and Mario F. Dottori take a practical look at just what this means for often global networks of third-party suppliers and the companies that employ them.