News & Analysis as of

Data Privacy Data Protection Contract Terms

Morris, Manning & Martin, LLP

Privacy Health Checkup

Are you using artificial intelligence in your business operations? Do you have AI embedded in the goods and services you offer customers? The regulatory framework applicable to AI continues to develop, including across US...more

Morgan Lewis - Tech & Sourcing

IP Protection in Digital Transformation Agreements, A French Perspective: Insights from Mathilde Carle

We are excited to welcome Mathilde Carle as a partner in Morgan Lewis’s Paris office and as a guest contributor to our Tech & Sourcing Spotlight series to discuss intellectual property (IP) protection and other related issues...more

Sheppard Mullin Richter & Hampton LLP

Key Considerations Before Negotiating Healthcare AI Vendor Contracts

The integration of artificial intelligence (AI) tools in healthcare is revolutionizing the industry, bringing efficiencies to the practice of medicine and benefits to patients. However, the negotiation of third-party AI tools...more

Cooley LLP

Model Contractual Clauses for AI Procurement in the EU: Key Takeaways for AI Companies

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The European Commission (EC) has released an updated version of the Model Contractual Clauses for AI Procurement (MCC-AI), providing further guidance for public-sector buyers navigating AI procurement under the European Union...more

Baker Donelson

Top Five AI Procurement Questions General Counsel for Manufacturers Should Consider

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Artificial intelligence (AI) is reshaping the future of manufacturing. As manufacturing operations shift back to the U.S. in response to recent tariff policies, general counsels (GCs) in the manufacturing sector face a...more

Polsinelli

AI for GCs: What You Need to Know in 2025

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During the course of 2024, interest in generative and other types of artificial intelligence, machine learning and predictive applications and services (collectively, AI) accelerated across industries. Some sectors, such as...more

Sands Anderson PC

Who’s Responsible When a Third-Party Vendor Is Compromised?

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Recently, we had the opportunity to advise some clients who worked with a third-party vendor that maintained custody of personal information pertaining to our clients’ respective end users.  The vendor suffered a data breach...more

Maynard Nexsen

Tri-Agency FAQ Provides Updated Guidance Regarding Compliance with the Gag Clause Prohibition

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On January 14, 2024, the Departments of Labor, Health and Human Services, and the Office of Personnel Management (the “Departments”) jointly released the FAQs About Consolidated Appropriations Act, 2021 Implementation Part 69...more

Harris Beach Murtha PLLC

Have a SaaS Contract in Place? You May Need an AI Addendum

Virtually every business has signed an agreement with a software as a service (“SaaS”) provider at one time or another. And now, virtually every SaaS provider (it seems, at least) is coming out with an AI-related feature or...more

Stikeman Elliott LLP

Demysitifying the Canadian Business Transaction Exemption

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The tightening of privacy and data protection compliance obligations in Canada and the United States, has led to increasingly comprehensive “data security and privacy” representations and warranties in purchase agreements, as...more

BakerHostetler

Use of AI in Marketing and Digital Media - 2025 Playbook

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Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more

Venable LLP

Happy New Year: Now, Update Your Service Agreements

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As the new year begins, prudent service providers will review and consider updating their contract forms to ensure they align with the company's strategic goals and comply with any current or upcoming laws and regulations. ...more

Kaufman & Canoles

Key Takeaways from The Racing Attorney Conference

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Earlier this year, firm Associate Darden Copeland attended The Racing Attorney Conference (TRAC) for its 15th annual conference at Circuit of the Americas in Austin, Texas. ...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Poyner Spruill LLP

Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer...

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Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws.  The recently passed California Privacy Rights Act (CPRA)...more

McDermott Will & Emery

[Webinar] Privacy and Cybersecurity Contracting: What’s the “Deal”? - June 29th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more

Womble Bond Dickinson

The Logical Conclusion to an Illogical Conclusion: Schrems May Forbid Data Commerce from the EU to the US

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The world just received the newest pronouncement from the EU Court of Justice, in a decision known as Schrems II, and the legal opinion extends the data war declared on the United States in the first Schrems decision....more

Epstein Becker & Green

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

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Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

Foley Hoag LLP - Security, Privacy and the...

The Paris District Court Invalidates 38 Clauses of Google+ Terms of Use and Privacy Policy

It has been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more

BCLP

Defining Personal Information

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The terms “personal information,” “personal data,” “personally identifiable information,” and “PII” are often left undefined in contracts and treated as if they were terms of art for which there was a single definition....more

Franczek P.C.

Know Where Your Student Data is Going!

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As we move into the second half of the school year, we want to remind districts and charter schools of the importance of securing and protecting student data. Educators use and share student data in dynamic ways that improve...more

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