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On May 8 2025, the Swiss Federal Data Protection and Information Commissioner (FDPIC) confirmed that the Federal Act on Data Protection (FADP) is directly applicable to AI-supported data processing. The FDPIC clarified...more
California lawmakers have proposed new legislation to reshape the growing use of artificial intelligence (AI) in the workplace. While this bill aims to protect workers, employers have expressed concerns about how it might...more
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. ...more
Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more
On February 27 2025, the Court of Justice of the European Union (CJEU) delivered a judgment in CK v Dun & Bradstreet (Case C-203/22). This judgment clarifies the GDPR provisions regarding the right of access to personal...more
In the absence of comprehensive artificial Intelligence ("AI") regulation at the federal level, state and local legislatures have been busy considering their own AI legislation. Laws regulating automated decision making have...more
The rise of AI agents—autonomous decision-making systems—is set to revolutionize business operations by significantly expanding the role of AI beyond generative models like ChatGPT. Unlike traditional AI tools, agentic AI can...more
If you’re in recruiting, you know that AI is thrown around a lot. AI in recruiting is no longer a concept to keep an eye on for the future. It’s here, reshaping how businesses find talent and build hiring processes....more
On January 13, 2025, the California AG’s Office (“AGO”) issued two legal advisories regarding the application of existing California law to AI generally as well as the use of AI specifically in healthcare....more
California Bills, Rulemaking, and Enforcement Update - CPPA automated decision-making technology - On November 22, 2024, the California Privacy Protection Agency (CPPA) opened the formal public comment period on its...more
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at...more
The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more
In the six years since the EU’s General Data Protection Regulation (“GDPR”) took effect, governments around the world have updated their data protection laws to reflect the seismic changes in data processing that were created...more
In the second in our series of new CCPA regulations from California, we look at proposed rules for use of automated decisionmaking technology. As a reminder, CCPA discusses these technologies in relation to profiling, namely...more
The California Privacy Protection Agency released proposed CCPA rules for a variety of topics in November, as well as announcing an investigative sweep for compliance with the Delete Act. Topics include the following, which...more
After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making...more
The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more
Business leaders, from CEOs to CIOs to project managers, are rapidly adopting generative artificial intelligence tools to transform their organizations, harnessing technology to drive efficiency, streamline processes, and...more
The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more
Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more
After years of internal discussion, the Board of the California Privacy Protection Agency (CPPA), at their March 8th meeting, voted to progress toward formalizing the proposed regulations on risk assessments and automated...more
While generative artificial intelligence (AI) apps – such as Chat-GPT, Google Gemini, and Stable Diffusion – are capturing the national spotlight, many businesses are using other forms of machine learning, algorithms, and...more
On February 23, 2024, the California Privacy Protection Agency (CPPA) released proposed updates to the California Consumer Privacy Act (CCPA) regulations and draft updates to the Risk Assessment and Automated Decisionmaking...more
Alongside the recent CJEU judgment on automated decision making in Schufa (see the Allen & Overy blog ) there are a range of developments related to ADM in other jurisdictions. UK developments - The UK Parliament is...more
A recent EU court decision demonstrates a subtle difference between EU and US privacy laws, and may ultimately influence how US laws are interpreted. The decision of the EU General Court emanated from a court proceeding in...more