News & Analysis as of

Personal Data Contract Terms

Bricker Graydon LLP

Oh My Gourd, Another Data Privacy Law?! 

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In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...more

DLA Piper

Navigating the Legal Intricacies of Scraping Personal Data for AI Development

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Part 1: 5 Essential safeguards for website operators - In the rapidly evolving world of artificial intelligence, data scraping is a hot topic. The copying of online text, images and videos has beneficial use cases (e.g....more

Mayer Brown

Navigating AI in the Workplace and Recruitment

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In recent years, we have seen an increase in employers using artificial intelligence (AI) in the workplace, whether to assist with decision-making and staff management across the life-cycle of the employment relationship or...more

Venable LLP

Considerations for Handling AI Licensing and Related Data in Tech Contracts: A Customer’s Perspective

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Artificial intelligence (AI) tools continue to proliferate, with many aiming to automate processes and increase productivity. But customers of these tools or customers of vendors who use them must understand what’s going on...more

BCLP

GBA Standard Contract to Promote Cross-Border Data Flow: HKSAR and the GBA - a Standard Contract

BCLP on

On 13 December 2023, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) issued the “Standard Contract for the Cross-boundary Flow of Personal Information Within the...more

Goodwin

EU Standard Contractual Clauses Need Replacing by December 27, 2022

Goodwin on

On June 4, 2021, the European Commission (the “EC”) abolished the old Standard Contractual Clauses (the “Old SCCs”) and published a new more flexible set of clauses (the “New SCCs”) for companies that wish to export personal...more

BakerHostetler

DSIR Deeper Dive: Are you ready for the CPRA?

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In sports, they sometimes call it a rebuilding year - the team hires new players or a new coach, restructures, updates strategy, and prepares for the next season. In the world of California privacy compliance, 2021 was a...more

Morgan Lewis - Tech & Sourcing

Common Misconceptions on Contracting with Developers in Russia and Tips for Contract Review and Negotiation

There are often misconceptions in connection with negotiating intellectual property (IP) development agreements with developers located in Russia. This post details five common misconceptions and provides tips for complying...more

Lathrop GPM

Global Franchise Regulation Update - February 2021

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European Union - European Commission - Proposed Contract Language to Address Schrems II (November 2020) - ..In November 2020, the European Commission published proposed contractual language regarding the transfer of...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

Orrick, Herrington & Sutcliffe LLP

E-Commerce Businesses Beware: The Freedom to Contract does not Trump Reasonable Privacy Expectations

The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more

Womble Bond Dickinson

A Likely Crisis for Data Transfers to the UK post “No-Deal Brexit”

Womble Bond Dickinson on

If your company holds or collects data in the US, the UK and elsewhere in the EU, you should be mapping out how data flows through those jurisdictions in anticipation of the UK “crashing out” of the European Union in October,...more

Dechert LLP

GDPR Compliance: 10 Steps for Global Companies

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An immense volume of personal data (or personally identifiable information) is proliferating and flowing throughout the world. Personal data is an incredibly valuable asset to companies but data protection and privacy laws...more

Mintz - Privacy & Cybersecurity Viewpoints

Have you started auditing your contracts with your service providers that handle EU personal data? UK Information Commissioner’s...

Many companies have started the potentially lengthy process of auditing their service provider contracts to make sure that they comply with the requirements of the General Data Protection Regulation, which comes into force on...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

Kilpatrick

Privacy Shield or Model Clauses: Which is Better for You?

Kilpatrick on

Yesterday the European Commission released a draft “adequacy decision” on the protection provided by the EU-U.S. Privacy Shield together with the texts that will constitute the EU-U.S. Privacy Shield framework. Once adopted...more

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