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Data Matters
Cybersecurity, Privacy, Data Protection, Artificial Intelligence, Internet Law, and Policy
Advisor to the CJEU Confirms GDPR Fines For Subsidiary Infringements Should Reflect Group Turnover
On 12 September 2024, Advocate General Medina issued their Opinion in Case C-383/23 in which they confirmed that supervisory data protection authorities must, when calculating the fine for a GDPR infringement committed by a subsidiary, take into account the total annual turnover of the entire group—a concept known as parental liability.
William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Anila Rayani
London
anila.rayani@sidley.com
U.S. Department of Commerce Issues Proposed Rule on ICTS Supply Chain for Connected Vehicles
On September 26, 2024, the U.S. Department of Commerce Bureau of Industry and Security (BIS) Office of Information and Communications Technology and Services (OICTS) published a long-awaited rule proposing to ban certain connected vehicles transactions involving hardware and software linked to the People’s Republic of China (China) and Russia. BIS also proposed extensive compliance obligations for importers and manufacturers of connected vehicles and related components, which come as the automotive industry continues to grapple with how to protect critical safety-related data as vehicle interconnectivity increases.
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Jen Fernandez
Washington, D.C.
jen.fernandez@sidley.com
Elyssa R. Kutner
Washington, D.C.
ekutner@sidley.com
Aaron L. Flyer
Heather Hedges
Sophia E. Wallach
Los Angeles
swallach@sidley.com
DOL Confirms Cybersecurity Guidance Applies to All Employee Benefit Plans
The U.S. Department of Labor (DOL) published Compliance Assistance Release No. 2024-01 on September 6, 2024. The release, titled “Cybersecurity Guidance Update,” clarifies that the cybersecurity guidance the DOL issued in April 2021 applies to all employee benefit plans, including health and welfare plans. The DOL states that since the guidance was published, service providers have told plan fiduciaries and Employee Benefits Security Administration (EBSA) investigators that the guidance applies only to retirement plans.
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Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Beth J. Dickstein
Chicago
bdickstein@sidley.com
Mary C. Niehaus
Chicago
mniehaus@sidley.com
Madeline Clasen
Chicago
mclasen@sidley.com
Pharma Companies in Beijing Free Trade Zone to Benefit from Relaxed Data Transfer Rules
On August 30, 2024, the Beijing Municipal Cyberspace Administration, Beijing Municipal Commerce Bureau and Beijing Municipal Government Services and Data Administration Bureau jointly released the “Administrative Measures for the Data Exit Negative List of the China (Beijing) Pilot Free Trade Zone (Trial)” (Administrative Measures) and the “Data Exit Administration List (Negative List) of the China (Beijing) Pilot Free Trade Zone (2024 Edition)” (Negative List) to facilitate the export of important industry data and personal information out of the country by companies operating in the Beijing free trade zone (FTZ). (more…)
Lei Li
Beijing, Shanghai
lei.li@sidley.com
Lianying Wang
Beijing
lianying.wang@sidley.com
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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Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Benjamin M. Mundel
Washington, D.C.
bmundel@sidley.com
Lauren Freeman
San Francisco
lfreeman@sidley.com
Phillip Shaverdian
Dallas
pshaverdian@sidley.com
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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Samir A. Gandhi
New York
sgandhi@sidley.com
Randi Singer
New York, Palo Alto
randi.singer@sidley.com
Michael E. Borden
Washington, D.C.
mborden@sidley.com
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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Shu Min Ho
Singapore
shumin.ho@sidley.com
David Ryan
Hong Kong
david.ryan@sidley.com
Margaret Huang
Singapore
margaret.huang@sidley.com
Lucy Harris
Singapore
lucy.harris@sidley.com
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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William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Arthur Clover
Trainee Solicitor
aclover@sidley.com
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