China Data Law Update: Certification Rules and Draft Standard Contract Are Issued

As the year approaches its halfway point, Chinese government accelerates the legislation for cross-border data transfers. (more…)

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Reflecting on the UK Inaugural DaTA Conference: Top Five Trends to Watch as Global Regulators Step up Enforcement in Digital Markets

Last week, the UK Competition and Markets Authority (CMA) hosted its inaugural Data, Technology, and Analytics (DaTA) Conference.

The CMA DaTa Conference has been hailed as a milestone as it convened for the first time regulators, data scientists, engineers, tech companies, and academics to discuss evolving challenges in digital markets. The conference coincided with London Tech Week, during which Chris Philp, UK Minister for Tech and the Digital Economy, unveiled a new UK Digital Strategy: the UK government’s vision for regulating digital markets, involving a monitoring framework and outcomes-focused regulation. The government has opened a public consultation, and stakeholders have until September 5, 2022, to offer their views on the proposed approach.

Against this background, here is our selection of the top five trends that stood out over the course of the CMA DaTa Conference. (more…)

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SEC Requests Comment on Regulation of Information Providers Under the U.S. Investment Advisers Act

On June 15, 2022, the U.S. Securities and Exchange Commission (Commission) issued a request for comment with respect to whether certain index, model, pricing, and other information providers should be regulated as investment advisers under the Investment Advisers Act of 1940. The Commission suggests fresh consideration is needed in light of changes in technology and market practices in the decades since these topics were last given significant attention — especially given the continuing expansion of index-based investment strategies. Responses to the request for comment are due the later of August 16, 2022, or 30 days after publication of the release in the Federal Register. (more…)

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Kentucky and Maryland Recently Joined Other States in Adopting NAIC Model Data Security Law

Kentucky and Maryland recently continued the trend of state insurance departments adopting some version of the National Association of Insurance Commissioners’ (“NAIC”) Insurance Data Security Model Law.  Kentucky Governor Andy Beshear signed House Bill 474 into law, and Maryland Governor Larry Hogan signed SB 207. (more…)

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Connecticut Makes Five: The Constitution State Enacts Broad Data Privacy Law Effective July 2023

Connecticut has passed a new state data privacy law slated to go into effect on July 1, 2023.  The law largely tracks other new state data privacy laws recently passed in Virginia and Colorado, but also includes several provisions that could impact compliance plans, including a new obligation to provide a mechanism for consumers to revoke their consent to the processing of their data. (more…)

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Suits Against Google Signal Increased ‘Dark Patterns’ Scrutiny

*This article first appeared on Law360 on June 16, 2022

Pending lawsuits against Google LLC illustrate how regulators and plaintiffs lawyers are increasingly wielding a dark patterns theory in challenging companies’ practices involving consumers.

The attorneys general of Washington, D.C., Washington state, Texas and Indiana all filed complaints against Google, alleging that the company tricks consumers into providing their location data, on Jan. 24. (more…)

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Spotlight on Women in Privacy – Hattie Davison

Hattie Davison, UK Government, Department for Digital, Culture, Media and Sport, Head of Data Reform Policy (more…)

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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…)

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

Location
WEBINAR
REGISTER HERE
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).

(more…)

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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…)

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