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Cyber Compliance, Government Laws and Regulations

Security architects play a crucial role in fortifying digital infrastructures against evolving threats. Beyond their traditional responsibilities of designing robust security frameworks, security architects face an additional imperative—understanding and adhering to cybersecurity laws and regulations. This shift is not merely a legal formality but a strategic necessity, essential for the effectiveness of their roles and the overall security posture of the organizations they serve.

Law
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Secure-by-design presented by CISA and its partners.

"Secure by design" is a concept in software development that emphasizes integrating security measures and considerations into the design and architecture of a system from the very beginning. It is a proactive approach to building secure software rather than trying to add security features as an afterthought and shifting the security hardening and provisioning to its customers. Protecting the software and its hosted security architecture through secure by design is crucial.

CISA and 17 U.S. and international partners published an update to the joint Secure by Design product, “Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Secure by Design Software,” that includes expanded principles, guidance, and eight new international agency co-sealers.

Duties and responsibilities for security architecture designers

As custodians of digital defense, security architects must navigate through a complex web of legal requirements that dictate the standards and practices governing cybersecurity. In this context, this discussion explores why a comprehensive grasp of cybersecurity laws and diligent adherence to regulatory frameworks are indispensable components of the security architect's toolkit. From ensuring legal compliance and mitigating risks to fostering trust and resilience, the integration of legal acumen into their skill set empowers security architects to navigate the intricate intersection of technology and law, ultimately enhancing the efficacy of their mission to safeguard digital assets in an ever-evolving threat landscape.

 

Security architects are required to collaborate with legal, compliance, and other business units to ensure that enterprise architecture and infrastructure align with the laws and regulations of the countries in which they operate. This collaborative effort is a strategic necessity. By partnering with legal and compliance teams, security architects ensure that their designs adhere to the complex web of regulatory requirements. This collaboration extends beyond technical considerations, encompassing a comprehensive approach that addresses legal compliance, risk mitigation, and the protection of sensitive data. Through this collaboration, security architects contribute to the development of a security posture that safeguards against cyber threats and aligns with the legal landscape, fostering a secure and compliant foundation for the organization's digital endeavors.

Broadly applicable laws and regulations

  • Federal Information Security Modernization Act (FISMA) 

  • Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA)

  • Computer Fraud and Abuse Act (CFAA)

  • Electronic Communications Privacy Act (“ECPA”)

  • FTC’s Disposal Rule

  • Access Device or Credit Card Fraud

  • American Data Privacy and Protection Act (ADPPA)

  • Sarbanes-Oxley Act (SOX)

  • Payment Card Industry Data Security Standard (PCI DSS)

  • Payment Service Directive, revised (PSD2)

  • Gramm-Leach-Bliley Act (GLBA)

  • Customs-Trade Partnership Against Terrorism (C-TPAT)

  • Free and Secure Trade Program (FAST)

  • Children’s Online Privacy Protection Act (COPPA)

  • Fair and Accurate Credit Transaction Act (FACTA)

  • Federal Rules of Civil Procedure (FRCP)

Industry-specific guidelines and requirements

  • Federal Information Security Management Act (FISMA)

  • North American Electric Reliability Corp. (NERC) standards

  • Title 21 of the Code of Federal Regulations (21 CFR Part 11) Electronic Records

  • Health Insurance Portability and Accountability Act (HIPAA)

  • The Health Information Technology for Economic and Clinical Health Act (HITECH)

  • Patient Safety and Quality Improvement Act (PSQIA, Patient Safety Rule)

  • H.R. 2868: The Chemical Facility Anti-Terrorism Standards Regulation

US state laws

  • California Consumer Privacy Act (CCPA)

  • California Privacy Rights Act (CPRA)

  • Colorado Privacy Act

  • Connecticut Data Privacy Act (CTDPA)

  • Maine Act to Protect the Privacy of Online Consumer Information

  • Maryland Personal Information Protection Act - Security Breach Notification Requirements - Modifications (House Bill 1154)

  • Massachusetts 201 CMR 17 (aka Mass Data Protection Law)

  • Massachusetts Bill H.4806 -- An Act relative to consumer protection from security breaches

  • Nevada Personal Information Data Privacy Encryption Law NRS 603A

  • New Jersey -- An ACT concerning disclosure of breaches of security and amending P.L.2005, c.226 (S. 51)

  • New York State Department of Financial Services, Cybersecurity Requirements for Financial Services Companies (23 NYCRR 500)

  • New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act

  • Oregon Consumer Information Protection Act (OCIPA) SB 684

  • Texas - An Act relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council

  • Utah Consumer Privacy Act

  • Virginia — Consumer Data Protection Act (CDPA)

  • Washington - An Act Relating to breach of security systems protecting personal information (SHB 1071)

International laws

  • Personal Information Protection and Electronic Documents Act (PIPED Act, or PIPEDA) -- Canada

  • Personal Information Protection Law (PIPL) -- China

  • Digital Personal Data Protection Act -- India

  • Law on the Protection of Personal Data Held by Private Parties -- Mexico

  • General Data Protection Regulation (GDPR)

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