UK Consults on Algorithmic Processing

Algorithms touch upon multiple aspects of digital life, and their use potentially falls within several separate – though converging – regulatory systems. More than ever, a ‘joined up’ approach is required to assess them, and the UK’s main regulators are working together to try to formulate a coherent policy, setting an interesting example that could be a template for global approaches to digital regulation. (more…)

Data Regulation Ramps Up in Europe: DMA, DSA, and the UK Online Safety Bill

Location
WEBINAR
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11:00 a.m. ET | 4:00 p.m. BST | 5:00 p.m. CET

Date
Wednesday, June 8, 2022

Since the EU announced its Digital and Data Strategy in February 2020, the European Commission has released several legislative proposals to regulate digital platforms and services, including with respect to access and the use of data. Included within the proposals are the Digital Markets Act (DMA) and the Digital Services Act (DSA).

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The Digital Markets Act Is Almost Here: 10 Things to Know About the EU’s New Rules for Big Tech

As regulators around the world fiercely debate new ways to oversee competition in the digital sector, the EU is on the brink of formally approving a landmark new law. The Digital Markets Act (DMA) will impose a stringent regulatory regime on large online platforms (so-called “gatekeepers”) and give the European Commission (Commission) new enforcement powers, including an ability to impose severe fines and remedies for noncompliance.

Once it comes into force, the DMA is set to revolutionize the way in which so-called Big Tech is regulated in the EU, shifting toward ex-ante rulemaking and away from traditional after-the-fact enforcement. Given the far-reaching nature of the DMA obligations, their effects will likely be felt globally.

There is a lot to digest, so below is our breakdown of the top 10 key points you should know about the EU’s new rules. (more…)

Data Matters: The Declaration for the Future of the Internet

On April 28, 2022, the White House announced, in partnership with 60 global partners, the launch of the Declaration for the Future of the Internet, also known as the “DFI.”

According to the White House briefing, the Declaration sets forth the shared principles regarding how parties should comport themselves with respect to the Internet, the digital ecosystem, and the digital economy. The Declaration affirms that the signatories are committed to defending the Internet, to governing it by a multi-stakeholder approach, and to promoting an open, free, global, interoperable, reliable, and secure Internet for the world. The State Department’s newly formed Bureau of Cyberspace and Digital Policy put out a nearly identical statement. (more…)

EU Data Governance Act – Edging Closer to a European Single Market for Data

On 6 April 2022, the European Parliament formally approved the Data Governance Act (“DGA”), which establishes a legal framework to promote the availability of data and increase trust in data sharing across sectors in the EU. Some of the key objectives of the new legislation include enabling the re-use of certain categories of protected public sector data and making it easier and safer for citizens and businesses to share their data with relevant stakeholders. (more…)

CPRA Law + Tech Series

WEBINAR

Sidley Senior Managing Associate Sheri Porath Rockwell (Chair, California Lawyers Association Privacy Law Section) and Stacey Gray, Director of Legislative Research & Analysis at the Future of Privacy Forum, will be leading a multi-session webinar series, CPRA Law + Tech, that focuses on the technologies and data practices at the heart of emerging state privacy legislation, including the California Privacy Rights Act (CPRA). (more…)

The UK’s Competition and Markets Authority’s Music Streaming Market Study

1. What has the Competition and Markets Authority (CMA) announced?

On January 27, The UK’s competition regulator, the CMA, has formally launched a market study into music streaming; see its Market Study Notice.

The market study will look at whether competition in the music streaming value chain is working well for consumers. It will focus on three key areas: competition among music companies; competition among music streaming services; and the impact on competition of agreements between music companies and music streaming services. (more…)

Uniform Law Commission Proposes “Reasonable” Uniform Personal Data Protection Act for State-by-State Adoption as Federal Privacy Bills Languish

Introduction

As data breaches become more common, increased public attention on privacy has led to a flurry of state-level activity on the issue. With a federal privacy bill languishing in Congress, the states have taken the lead. California, Colorado, and Virginia have all passed comprehensive privacy laws in the past three years. In 2021, an additional twenty-one states considered a comprehensive privacy bill.

Considering the serious risk of fragmentation that could arise from dozens of distinct privacy statutes, the Uniform Law Commission has proposed a model bill – the Uniform Personal Data Protection Act (“UPDPA”). The Uniform Law Commission’s model bills, such as the Uniform Commercial Code, are often influential in the development of state laws.  The UPDPA will be available for states’ 2022 legislative sessions, with a bill having already been introduced in the District of Columbia.

If adopted, the UPDPA offers a more business-friendly framework than many of the existing and proposed state privacy laws. (more…)

European General Court Judgment in Google Shopping: Key Takeaways

On November 10, 2021, the European General Court (Court) issued its judgment in Case T-612/17 Google and Alphabet v Commission (Google Shopping).

The Court dismissed almost in its entirety the action brought by Google and Alphabet against the decision by the European Commission (Commission) of June 27, 2017, which found that Google had abused its dominant market position by favoring its own comparison shopping service (CSS) on its general results pages while demoting the results from competing CSSs. The Court also upheld the fine of €2.42 billion imposed on Google by the Commission. The judgment can be appealed to the Court of Justice of the European Union (CJEU). (more…)

SEC Identifies Deficiencies From its Electronic Investment Advice Initiative

On November 9, 2021, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) released a risk alert (Risk Alert) concerning deficiencies it observed in its examinations of advisers providing electronic advisory services, including advisers known as “robo-advisers.”1 Those deficiencies were in the areas of the robo-advisers’ compliance programs, portfolio management practices (including advisers’ fiduciary obligations), and marketing/performance advertising. (more…)