Privacy & Data Security

On October 16, 2024, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) and the Federal Bureau of Investigation (“FBI”) published guidance on Product Security Bad Practices (the “Guidance”) that identifies “exceptionally risky” product security practices for software manufacturers.  The Guidance states that the ten identified practices—categorized as (1) Product Properties, (2) Security Features, or (3)…

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) issued an industry letter (the “Guidance”) highlighting the cybersecurity risks arising from the use of artificial intelligence (“AI”) and providing strategies to address these risks.  While the Guidance “does not impose any new requirements,” it clarifies how Covered Entities should address AI-related risks…

On October 16, the Federal Trade Commission (“FTC”) announced a final “click-to-cancel” rule that amends the previous Negative Option Rule to “make it as easy for consumers to cancel their enrollment as it was to sign up.” The Rule also imposes extensive requirements regarding misrepresentations, disclosures, and consent, among others. Most of the provisions will…

In the past few weeks, there have been significant developments relating to the “legitimate interests” legal basis under Article 6(1)(f) of the GDPR:

  • On 4 October 2024, the Court of Justice of the EU (“CJEU”) handed down its judgment in a case relating to the Royal Dutch Lawn Tennis Association (Case C-621/22, KNLTB),

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On October 3, 2024, the European Commission published a report evaluating the effectiveness of existing EU consumer protection laws in protecting consumers in the digital space.  More specifically, the report assesses the effectiveness of the following three consumer protection laws: (i) the Unfair Commercial Practices Directive (“UCPD”); (ii) the Consumer Rights Directive (“CRD”); and (iii)…

On September 20, 2024, California Governor Newsom signed into law SB 976, the Protecting Our Kids from Social Media Addiction Act (the “Act”). The Act defines and prohibits an “addictive internet-based service or platform” from providing an “addictive feed” to a minor unless the platform has previously obtained verifiable parental consent. The Act will…

On September 28, California’s governor signed a number of bills into law, including to regulate health care facilities’ use of artificial intelligence (“AI”).  This included AB 3030, which regulates certain California-licensed health care facilities’ use of AI and SB 1223, which amends the California Consumer Privacy Act (CCPA) to cover “neural data.”  We…

The UK Government has announced that it intends to introduce the Cyber Security and Resilience Bill (the “Bill”) to Parliament in 2025. Formally proposed as part of the King’s Speech in July, this Bill is intended to strengthen the UK’s cross-sectoral cyber security legislation to better protect the UK’s economy and infrastructure. This Bill will…

On September 26, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS OCR”) announced that it had settled its cybersecurity investigation with Cascade Eye and Skin Centers, P.C. (“Cascade”), a privately-owned health care provider in Washington.  For background, HHS OCR is responsible for administering and enforcing the Health Insurance Portability…

Now that the EU Artificial Intelligence Act (“AI Act”) has entered into force, the EU institutions are turning their attention to the proposal for a directive on adapting non-contractual civil liability rules to artificial intelligence (the so-called “AI Liability Directive”).  Although the EU Parliament and the Council informally agreed on the text of the proposal…