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Data Matters
Cybersecurity, Privacy, Data Protection, Artificial Intelligence, Internet Law, and Policy
Artificial Intelligence Tops Agenda for Global Competition Authorities: EU, UK, and U.S. Issue Joint Statement
On July 23, 2024, the competition authorities of the EU, the UK, and the U.S. issued a joint statement on competition in generative artificial intelligence (AI) foundation models and AI products (Joint Statement). Since the emergence of generative AI, each of the authorities has been individually ramping up its work in order to understand better the potential risks to competition that AI may pose. The Joint Statement may herald a more joined-up global approach with respect to scrutiny of competition in AI.
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Ken Daly
Brussels
kdaly@sidley.com
Patrick J. Harrison
London
pharrison@sidley.com
Monika Zdzieborska
London
mzdzieborska@sidley.com
Fiona Shajko
London
fshajko@sidley.com
Section 230’s Original Intent Offers Touchstone for Online Safety
As Section 230 of the 1996 Communications Decency Act nears its 30th year since enactment, debate rages on in Congress and in the public as to whether and how it should be changed or perhaps scrapped altogether.
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Randi Singer
New York, Palo Alto
randi.singer@sidley.com
Liz Mclean
New York
elizabeth.mclean@sidley.com
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
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
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