Recently, the New York State Bar Association (NYSBA) amended its continuing legal education (CLE) requirements to include one hour of cybersecurity training, making it the first state to implement a specific cybersecurity requirement. The new cybersecurity requirement was implemented based on a recommendation from the NYSBA’s Committee on Technology and the Legal Profession, which was approved in June 2020.
What are the specific Cybersecurity CLE requirements for New York State attorneys?
Beginning in July 2023, attorneys licensed in New York State will be required to take at least one hour of cybersecurity, privacy, and data protection training every two years. Cybersecurity credits may be applied to attorneys’ ethics and professionalism requirements or to their general requirements.
Cybersecurity, Privacy, and Data Protection - Ethics courses must relate to an attorney’s ethical obligations and responsibilities concerning data protection, including:
- The protection of sensitive customer, client, or organizational data;
- Client counseling and consent for data collection;
- Data storage policies, protocols, risks, and privacy implications;
- Unauthorized disclosure of confidential information; and
- Employee and third-party monitoring.
Cybersecurity, Privacy, and Data Protection - General courses must relate to cybersecurity and data privacy’s implications on the practice of law, including:
- The technological aspects of data protection;
- Third-party vendor management;
- Data protection policies and protocols; and
- Compliance with data security, privacy, and data breach notification laws, including the CCPA, GDPR, NY SHIELD Act, and others.
What next steps should New York State attorneys take to prepare for new Cybersecurity CLE requirements?
New York State CLE providers may start issuing CLE credit for Cybersecurity, Privacy, and Data Protection courses on or after January 1, 2023. However, the new requirements for attorneys will not go into effect until July 1, 2023.
As a New York State accredited CLE provider, Octillo routinely offers CLE webinars and training on topics relating to cybersecurity and data privacy. For more information about our CLE offerings, subscribe to our newsletter, follow us on LinkedIn, or reach out to an attorney on our team.
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