The U.S. Department of Justice (DOJ) and eight state attorneys general filed an antitrust lawsuit against real estate software company RealPage on August 23, 2024. The lawsuit alleges that RealPage’s algorithmic pricing...more
On May 21, 2024, the California Senate passed the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB-1047), and referred the bill to the State Assembly. Though the bill has already been amended in...more
Colorado has enacted a first-of-its-kind Artificial Intelligence Act governing the development and use of artificial intelligence. Here are five things you should know about the Colorado AI Act in its current form—and how it...more
The U.S. Department of Housing and Urban Development (HUD) has issued new heightened cybersecurity incident notice requirements that take effect immediately. FHA-approved mortgagees are now required to notify HUD of any...more
President Biden recently signed into law the Protecting Americans’ Data from Foreign Adversaries Act as a part of H.R. 815, an emergency appropriations bill that primarily provides assistance to Israel, Ukraine and Taiwan....more
If passed, the proposed American Privacy Rights Act would dramatically transform data privacy compliance obligations for companies operating in the United States. Shannon Yavorsky — head of Orrick’s global Cyber, Privacy &...more
5/2/2024
/ Covered Entities ,
Cybersecurity ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Financial Regulatory Reform ,
Financial Services Industry ,
Legislative Agendas ,
Privacy Laws ,
Proposed Legislation
As companies increasingly leverage AI in their operations, the obligations and expectations for AI-related consumer disclosures continue to evolve. As a result, companies seeking to use consumer-oriented AI face uncertainty...more
Two laws take effect in Utah on May 1 that impose legal requirements on a broad range of generative AI uses. The laws: With the implementation of these laws, Utah becomes one of the first U.S. states to impose specific...more
Over 5,000 privacy professionals from around the world gathered in Washington, D.C. this month for the International Association of Privacy Professionals’ Global Privacy Summit 2024. The conference focused on debating the...more
Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more
On February 28, 2024, President Biden issued Executive Order 14117, calling for new regulations to prohibit or restrict transactions that enable countries of concern to access sensitive U.S. personal and government data. The...more
New Jersey has become the first state to enact a comprehensive consumer privacy law in 2024.
The New Jersey Data Privacy Act will take effect January 15, 2025. The law draws inspiration from the comprehensive state consumer...more
The Federal Communications Commission (FCC) has released a declaratory ruling confirming that calls containing AI-generated voices are subject to consent requirements imposed on “artificial or prerecorded voices” under the...more
Whether a company formally allows it, more employees are using generative AI (Gen AI) tools for everyday tasks at work.
Companies cannot simply rely on legacy internal policies and practices to address the risks Gen AI...more
California Gov. Gavin Newsom has signed a bill into law aimed at letting consumers delete their personal information in the hands of data brokers in California....more
On July 10, 2023, the European Commission formally approved the EU-U.S. Data Privacy Framework (“DPF"). You can view our brief video discussion about the DPF or read our initial update.
Companies that maintained their...more
This essential guide to the European Data Act is part of Orrick’s Cybersecurity & Privacy Compass Series. The Cybersecurity & Privacy Compass is your global guide to constant cybersecurity and privacy change.
In this guide,...more
The EU AI Act, which is progressing towards adoption by the end of 2023, will be complemented by an update to the European civil liability rules applicable to AI-related claims. Towards the end of 2022, the EU Commission...more
Artificial Intelligence (AI) is transforming financial services, from underwriting and trading securities to customizing financial products and services. These innovative modeling techniques may enhance the accuracy of models...more
Europe is in the midst of a transformation of its regulatory strategy for digital technologies. The EU has passed or proposed a number of laws affecting digital service providers in a broad range of legal areas and sectors....more
Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been a looming presence in the European privacy landscape since Edward Snowden first leaked the PRISM files in 2013. Surveillance authorized under FISA 702...more
On December 19, 2022, the FTC announced two record-breaking settlements with Epic Games, Inc.—a video game developer, best known for the game Fortnite—for a combined total of $520 million: The key takeaways from these...more
This is an update to our previous coverage of the Digital Services Act (“DSA”). The final text of Europe’s (EU) Digital Services Act (“DSA”) was recently approved by the Council of the EU Member States. That means that the...more
In early October, the United States (“U.S.”) and European Union (“EU”) came one step closer to the much-awaited new EU-US Data Privacy Framework (the “Framework”), designed to facilitate transatlantic data flows between the...more
10/26/2022
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses
After months of anticipation, the European Data Protection Board (EDPB) adopted new Guidelines on the calculation of administrative fines under the GDPR in May 2022. With the newly released Guidelines, the EDPB seeks to...more