New York-barred attorneys required to complete cybersecurity, privacy, and data protection training

New York-barred attorneys will be required to complete one continuing legal education (CLE) credit hour of cybersecurity, privacy, and data protection training as part of their biennial learning requirement beginning July 1, 2023. New York is the first jurisdiction to stipulate this specific requirement as the state aims to emphasize the technical competence duty of lawyers to meet professional, ethical and contractual obligations to safeguard client information.

Lawyers have ethical obligations and professional responsibilities around cybersecurity

A New York Courts document outlined a new category of CLE credit – Cybersecurity, Privacy and Data Protection – that has been added to the CLE Program Rules. This category is defined in the CLE Program Rules 22 NYCRR 1500.2(h) and clarified in the Cybersecurity, Privacy, and Data Protection FAQs and Guidance document. “Providers may issue credit in cybersecurity, privacy, and data protection to attorneys who complete courses in this new category on or after January 1, 2023,” it stated. It also noted changes to both Experienced and Newly Admitted Attorney Biennial CLE requirements to include one credit hour of training in cybersecurity, privacy and data protection.

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