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Data Matters
Cybersecurity, Privacy, Data Protection, Artificial Intelligence, Internet Law, and Policy
Heightened Focus in the EU for the Protection of Minors Online
The protection of minors online continues to be a focus for EU regulators. Following the publication last year by the European Parliament of its guidelines on online age verification methods for children, the European Commission has recently announced it will be holding a dedicated stakeholder workshop in September 2024 to discuss guidelines for age verification and protecting minors. Whilst the issue has been flagged as a priority by the European Data Protection Board (“EDPB”) and we are seeing an increase in guidelines and (in some cases) laws addressing the issue at a national Member State level, this is also a focus of the new EU Digital Services Act (“DSA”).
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William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Matthias Bruynseraede
London
mbruynseraede@sidley.com
U.S. Commerce Department Issues First-of-Its-Kind Determination Banning Certain Software Products and Services
On June 20, 2024, the U.S. Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) published a first-of-its-kind Final Determination against Kaspersky Lab, Inc., prohibiting the provision of its antivirus software and cybersecurity products in the United States or to U.S. persons. This Final Determination provides new insights into OICTS review of information and communications technology and services (ICTS) transactions and the prohibitions or restrictions that may result. The full text of the Final Determination is available here. OICTS also provides additional guidance on the new prohibition here.
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Jen Fernandez
Washington, D.C.
jen.fernandez@sidley.com
James Mendenhall
Washington, D.C.
jmendenhall@sidley.com
Heather Hedges
Washington, D.C.
hhedges@sidley.com
An Artificial Intelligence, Privacy, and Cybersecurity Update for Indian Companies Doing Business in the United States and Europe
Pivotal shifts have occurred in global data privacy, artificial intelligence (AI), and cybersecurity from executives facing more pressure to monitor their organizations’ cybersecurity operations, to an unprecedented wave of consumer data privacy laws and rapid advancements in AI technology use and deployment. Indian organizations should establish best practices to address these new (and emerging) laws, regulations, and frameworks.
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William RM Long
London
wlong@sidley.com
Ash Nagdev
Palo Alto
anagdev@sidley.com
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
One Step Closer: AI Act Approved by Council of the EU
On 21 May 2024, the Council of the European Union approved the EU Artificial Intelligence Act (the “AI Act”). This is the final stage in the legislative process and comes after the EU Parliament voted to adopt the legislation on 13 March 2024. This final vote clears the path for the formal signing of the legislation and its publication in the Official Journal of the EU in the coming weeks. The AI Act will then enter into force 20 days after such publication with staggered transition periods of 6 to 36 months.
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William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Arthur Clover
Trainee Solicitor
aclover@sidley.com
U.S. SEC Regulation S-P: Privacy of Consumer Financial Information and Safeguarding Customer Information Amendments Adopted
On May 16, 2024, the U.S. Securities and Exchange Commission (SEC) adopted amendments to its Regulation S-P. These final amendments impose significant cybersecurity requirements for several SEC-registered entities and transfer agents registered with another appropriate regulatory agency, including with respect to these entities’ policies and procedures, incident response and notification procedures, and cybersecurity risk management.
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Andrew P. Blake
Washington, D.C.
ablake@sidley.com
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
W. Hardy Callcott
San Francisco
wcallcott@sidley.com
Stephen L. Cohen
Washington, D.C., Boston, ...
scohen@sidley.com
David Lashway
Washington D.C.
dlashway@sidley.com
Charles A. Sommers
Washington, D.C.
csommers@sidley.com
Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Sasha Hondagneu-Messner
New York
shondagneumessner@sidley.com
The Digital Markets, Competition and Consumers Act is Approved: Key Things to Know About the UK’s New Competition and Consumer Powers
On May 23, 2024, the UK finally passed its Digital Markets, Competition and Consumers Act (DMCCA), introducing a new “pro-competition” regime for digital markets and marking the biggest reform to UK competition and consumer laws in a decade. The DMCCA is the latest piece of legislation aiming to tackle the power of Big Tech, as regulators around the world debate new ways to oversee competition in the digital sector.
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Ken Daly
Brussels
kdaly@sidley.com
Patrick J. Harrison
London
pharrison@sidley.com
Monika Zdzieborska
London
mzdzieborska@sidley.com
Alex Harper
London
alex.harper@sidley.com
Fiona Shajko
London
fshajko@sidley.com
ICO Publishes Its Strategic Approach to Regulating AI
On 30 April 2024, the UK’s Information Commissioner’s Office (“ICO”) published its strategic approach to regulating artificial intelligence (“AI”) (the “Strategy”), following the UK government’s request that key regulators set out their approach to AI regulation and compliance with the UK government’s previous AI White Paper (see our previous blog post here). In its Strategy, the ICO sets out: (i) the opportunities and risks of AI; (ii) the role of data protection law; (iii) its work on AI; (iv) upcoming developments; and (v) its collaboration with other regulators. The publication of the ICO’s Strategy follows the recent publication of the Financial Conduct Authority’s (“FCA”) approach to regulating AI.
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William RM Long
London
wlong@sidley.com
Subhalakshmi Kumar
Arthur Clover
Trainee Solicitor
aclover@sidley.com
A New Wave of Class Actions: The Genetic Information Privacy Act
Largely dormant for the last 25 years, Illinois’ Genetic Information Privacy Act (GIPA) has been sharing the limelight recently with its sibling, the Biometric Information Privacy Act. (BIPA). GIPA includes a number of restrictions related to the use and disclosure of genetic testing and genetic information, and it provides a private right of action and permits recovery of steep statutory damages. In 2023 alone, over 50 GIPA complaints were filed, and new suits continue to be filed in 2024. In this article, published on AML Law.com, Sidley lawyers Kathleen Carlson, Lawrence Fogel, and Colleen Brown explore some of GIPA’s emerging issues and unanswered questions.
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Kathleen Carlson
Chicago
kathleen.carlson@sidley.com
Lawrence P. Fogel
Chicago
lawrence.fogel@sidley.com
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Andrew F. Rodheim
Chicago
arodheim@sidley.com
Michael J. Willian
Chicago
mwillian@sidley.com
Effective Dates and Links to Recent Privacy, Cybersecurity, and Digital Laws in the U.S. and EU
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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Meet the Team
Kwaku A. Akowuah
kakowuah@sidley.com
Sheila A.G. Armbrust
sarmbrust@sidley.com
Francesca Blythe
fblythe@sidley.com
Colleen Theresa Brown
ctbrown@sidley.com
John M. Casanova
jcasanova@sidley.com
Thomas D. Cunningham
tcunningham@sidley.com
Sharon R. Flanagan
sflanagan@sidley.com
David A. Gordon
dgordon@sidley.com
Tomoki Ishiara
tishiara@sidley.com
Robert D. Keeling
rkeeling@sidley.com
Amy P. Lally
alally@sidley.com
David C. Lashway
dlashway@sidley.com
William RM Long
wlong@sidley.com
Joan M. Loughnane
jloughnane@sidley.com
Geeta Malhotra
gmalhotra@sidley.com
Glenn G. Nash
gnash@sidley.com
Rollin A. Ransom
rransom@sidley.com
Alan Charles Raul
araul@sidley.com
Jennifer B. Seale
jseale@sidley.com
Yuet Ming Tham
ytham@sidley.com
Jonathan M. Wilan
jwilan@sidley.com
John W. Woods Jr.
jwoods@sidley.com