New York’s Continuing Legal Education Board has formally adopted new Cybersecurity Privacy and Data Protection requirements as part of it continuing legal education program for New York attorneys. Effective Jan. 1, 2023, New York attorneys will be required to take a one-hour session on cybersecurity, data privacy, and data protection as it applies to attorneys’ ethical obligations dealing with data security. The course would count toward attorneys’ ethics and professionalism CLE requirements. The syllabus would include among other areas the sources of attorneys’ ethical obligations and professional responsibility as applied to electronic data and communications and the protection of confidential, privileged, and proprietary data and communications of the client and the law office. The protection of escrow funds would be covered and the supervision of employees, vendors and third parties with respect to the electronic data and communications. Inadvertent or unauthorized electronic disclosure through data breaches, social media and cyber-attacks would also be explored.

As an option, the credit may be related to general cybersecurity, data privacy, and data protection issues and would be eligible for general CLE requirements. The topics would include many of the above cited topics, as well as vetting and assessing vendors and discussing applicable laws relating to cybersecurity and data privacy.

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