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U.S. FTC’s New Rule on Fake and AI-Generated Reviews and Social Media Bots

On August 14, 2024, the United States Federal Trade Commission (FTC) announced a final rule that prohibits fake and artificial intelligence-generated consumer reviews, consumer testimonials, and celebrity testimonials, along with other types of unfair or deceptive practices involving reviews and testimonials. This new rule is the latest development in the FTC’s increased rulemaking efforts and increased focus on AI, and will take effect on October 21, 2024.

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The Legal Battles Taking Shape in the Clash Over Internet Content

A federal law known as Section 230 has provided a powerful legal shield for internet companies for nearly three decades. Designed to “promote the internet,” it protects platforms from civil liability for content posted to their sites by third parties.

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Asia-Pacific Regulations Keep Pace With Rapid Evolution of Artificial Intelligence Technology

Regulation of artificial intelligence (AI) technology in the Asia-Pacific region (APAC) is developing rapidly, with at least 16 jurisdictions having some form of AI guidance or regulation. Some countries are implementing AI-specific laws and regulation, while others take a more “soft” law approach in reliance on nonbinding principles and standards. While regulatory approaches in the region differ, policy drivers feature common principles including responsible use, data security, end-user protection, and human autonomy.

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DORA – ESAs Publish Draft Technical Standards on ICT Subcontracting

On 26 July 2024, the European Supervisory Authorities (EBA, EIOPA and ESMA, collectively, the “ESAs”) published their joint final report on the draft Regulatory Technical Standards (“RTS”) specifying the elements that a financial entity should determine and assess when subcontracting ICT services supporting critical or important functions under Article 30(5) of the Digital Operational Resilience Act (“DORA”). The RTS are intended to assist with the enhancement of the digital operational resilience of the financial services sector by improving in-scope entities’ ICT risk management, specifically with respect to the issue of ICT subcontracting.

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New York Attorney General Publishes Guide to Avoid “Key Mistakes” Regarding Online Tracking Technologies

On July 30, 2024, New York Attorney General Letitia James announced website privacy guides for New York consumers and businesses. The guides, a business-focused Business Guide to Website Privacy Controls and a consumer-focused Consumer Guide to Tracking on the Web, are available on the Office of the New York State Attorney General’s (the “OAG’s”) website. The Business Guide to Website Privacy Controls is instructive for businesses operating websites available in the state. The OAG’s announcement is made amid increasing regulatory scrutiny, including by the FTC, as well as increased litigation centered on the use of online tracking technologies.

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EU Governments Sign-off Proposed Reforms to GDPR Procedural Rules and Council Reaches Common Member States’ Position

On 24 May 2024, the Council of the European Union (the “Council”) released new details of a proposed reform of the General Data Protection Regulation’s (“GDPR”) procedural rules, which representatives of EU national governments approved on 29 May 2024. On 13 June 2024, the Council issued a press release detailing its agreed common Member States’ position that maintains the general thrust of the original proposed reforms, but which seeks to: (i) introduce clearer timelines; (ii) improve efficiency of cooperation; and (iii) provide an early resolution mechanism.

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UK proposes New Cyber Security and Resilience Bill to Boost the UK’s Cyber Defences

During the King’s Speech on 17 July 2024, the newly appointed UK Prime Minister announced the UK Government’s intention to introduce a new Cyber Security and Resilience Bill to strengthen the UK’s defences against the global rise in cyberattacks and to protect the UK’s critical infrastructure. In background briefing notes published together with the King’s Speech, the UK Government stated that the new Cyber Security and Resilience Bill will “strengthen our defences and ensure that more essential digital services than ever before are protected.” According to the briefing notes, the Cyber Security and Resilience Bill intends to address the concern that the UK has not kept up-to-date with recent legislative advancements made by the EU in the cybersecurity space, resulting in the UK being “comparably more vulnerable.” Although the form of the proposed Cyber Security and Resilience Bill has yet to be released, the UK Government has indicated that it plans to introduce the bill in the coming months.

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Important Changes to Malaysia’s Data Protection Laws

In July 2024, Malaysia’s legislative body approved significant changes to the country’s Personal Data Protection Act. The changes have the effect of aligning Malaysia’s personal data protection laws more closely with international data protection laws. The effective date and other implementation guidelines are expected to follow closely.

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Effective Dates and Links to Recent Privacy, Cybersecurity, and Digital Laws in the U.S. and EU

U.S. State Comprehensive
Consumer Privacy Statutes
EFFECTIVE DATES:
U.S. State Comprehensive Consumer Privacy Laws
EFFECTIVE DATES:
U.S. State Comprehensive Consumer Privacy Laws
and EU Digital, Cybersecurity Acts

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<a target=‘_blank’ href="https://www.sidley.com/en/people/a/akowuah-kwaku-a">Kwaku A. Akowuah</a>

Kwaku A. Akowuah

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/a/armbrust-sheila-a-g">Sheila A.G. Armbrust</a>

Sheila A.G. Armbrust

San Francisco
<a target=‘_blank’ href="https://www.sidley.com/en/people/b/blythe-francesca">Francesca Blythe</a>

Francesca Blythe

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/b/brown-colleen-theresa">Colleen Theresa Brown</a>

Colleen Theresa Brown

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/c/casanova-john-m">John M. Casanova</a>

John M. Casanova

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/c/cunningham-thomas-d">Thomas D. Cunningham</a>

Thomas D. Cunningham

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/f/flanagan-sharon-r">Sharon R. Flanagan</a>

Sharon R. Flanagan

San Francisco, Palo Alto
<a target=‘_blank’ href="https://www.sidley.com/en/people/g/gordon-david-a">David A. Gordon</a>

David A. Gordon

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/i/ishiara-tomoki">Tomoki Ishiara</a>

Tomoki Ishiara

Tokyo
<a target=‘_blank’ href="https://www.sidley.com/en/people/k/keeling-robert-d">Robert D. Keeling</a>

Robert D. Keeling

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/lally-amy-p">Amy P. Lally</a>

Amy P. Lally

Century City
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/lashway-david-c">David C. Lashway</a>

David C. Lashway

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/long-william-rm">William RM Long</a>

William RM Long

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/loughnane-joan-m">Joan M. Loughnane</a>

Joan M. Loughnane

New York
<a target=‘_blank’ href="https://www.sidley.com/en/people/m/malhotra-geeta">Geeta Malhotra</a>

Geeta Malhotra

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/n/nash-glenn-g">Glenn G. Nash</a>

Glenn G. Nash

Palo Alto
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/ransom-rollin-a">Rollin A. Ransom</a>

Rollin A. Ransom

Los Angeles
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/raul-alan-charles">Alan Charles Raul</a>

Alan Charles Raul

Washington, D.C., New York
<a target=‘_blank’ href="https://www.sidley.com/en/people/s/seale-jennifer-b">Jennifer B. Seale</a>

Jennifer B. Seale

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/t/tham-yuet-ming">Yuet Ming Tham</a>

Yuet Ming Tham

Singapore, Hong Kong
<a target=‘_blank’ href="https://www.sidley.com/en/people/w/wilan-jonathan-m">Jonathan M. Wilan</a>

Jonathan M. Wilan

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/w/woods-jr-john-w">John W. Woods Jr.</a>

John W. Woods Jr.

Washington, D.C.

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