2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of … Continue Reading
The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow … Continue Reading
The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from federal and state legislators seeking to address perceived concerns with the emerging and fast evolving technology. State legislatures have introduced nearly 200 AI … Continue Reading
The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on … Continue Reading
The news about Steven Schwartz, the attorney who asked ChatGPT, an artificial intelligence chatbot, to find cases relevant to his client’s lawsuit only to submit a brief full of bogus caselaw, spread gleefully fast, as embarrassing news does. And although we shook our heads in disapproval, I suspect many attorneys were grateful to Mr. Schwartz. … Continue Reading
The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain … Continue Reading
“[N]o legacy is so rich as honesty”1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. “FTC leadership,” the NAD Report elaborates, “sent a consistent, strong message that national advertisers should take a hard look at their own … Continue Reading
The European Commission published the preliminary results of its IoT sector inquiry and tech giants come under pressure for the alleged “gatekeeper” role that their voice assistant apps (such as Siri, Alexa, and Google Assistant) play in smart homes and with other connected consumer devices. The EU sector inquiry has so far collected over 200 … Continue Reading
A brief overview La propriété, c’est le vol! (roughly translated as “property is theft!”). Perhaps the most famous assertion of Pierre-Joseph Proudhon, the French philosopher, considered by some to be the father of anarchy. A contemporary of Karl Marx, Proudhon’s focus was on physical property. However, this resonates with the early libertarian open source software … Continue Reading
Using artificial intelligence (AI) and big data is becoming an increasing conundrum in the drive for competitive advantage. Governments and industry are all developing AI plans, but what does this mean and what are the social consequences? If you are an EU or national policymaker, what regulatory framework should you consider? Are the existing liability … Continue Reading
Back in May this year, the Committee of Advertising Practice (CAP), which authors the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), launched a consultation (the Consultation) on changes that may be required to the CAP Code on the issue of administration of prize promotions. This followed the introduction of … Continue Reading
The practise of employers using their employees’ images and names within marketing materials (from graduate recruitment materials and internal-only promotions, to nationally distributed campaigns) has become a riskier strategy in light of the consent requirements under the General Data Protection Regulation (GDPR), which recently came fully into force across the EU. Even where employers have … Continue Reading
We are delighted to announce the launch of the new Squire Patton Boggs Security and Privacy // Bytes Blog. The Blog will feature regular posts from our Data Privacy and Cybersecurity team, highlighting key data privacy and cybersecurity developments across the globe, with analysis of the practical implications. Many posts will be dedicated to helping … Continue Reading
In line with the EU General Data Protection Regulation (GDPR), the UK has now published a Data Protection Bill, which is intended to “make our data protection laws fit for the digital age…” The Overview Factsheet for this Bill may be found here. This legislative initiative parallels that of several other EU Member States that … Continue Reading
On 13 September 2017, the UK Information Commissioner’s Office (ICO) published draft guidance on contracts and liabilities between controllers and processors under the GDPR. The draft guidance does not add substantial detail to the provisions of the GDPR but is a useful reminder of the key points. For example, it highlights the requirement for a … Continue Reading
On 13 September 2017, in the context of the Digital Single Market Initiative, the European Commission (“Commission”) issued a draft proposal to regulate the framework for the free flow of non-personal data in the EU (“draft proposal”). The highly anticipated draft proposal aims at establishing a framework of free cross-border data flow within the EU. … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Protection & Cybersecurity team. This week’s alert covers news from: 4 September 2017. Europe The European Court of Human Rights (ECtHR) Finds That Monitoring and Accessing an Employee’s Electronic Communications is in Violation of Article 8 of the European … Continue Reading
Though the Federal Trade Commission (FTC) remains low on Commissioners (there remain only two out of five), the FTC is still actively enforcing privacy matters. On September 8, 2017 the FTC announced its first cases addressing the EU-U.S. Privacy Shield. In three separate actions, the FTC settled charges against three companies for falsely claiming participation in … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Privacy & Cybersecurity team. This week’s alert covers news from France and the UK. France Changes to Rules on Whistleblowing in France UK ICO Fines Nottinghamshire County Council for Exposing Personal Information Online NHS Staff Warned That Unlawfully Accessing Patient Records Is an … Continue Reading
By a decision of June 2017, the CNIL has modified its blanket authorization for whistleblowing with a view to adapting it to recent changes introduced by the so-called “Sapin 2” law (the law relating to “transparency, the fight against corruption and modernization of business life”). Under Sapin 2, there is an obligation on business to … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Privacy & Cybersecurity team. This week’s alert covers news from the EU, France and the UK. EU European Commission Addresses Free Movement of Health Data France The CNIL Sanctions Two Data Breaches UK Home Logic UK Ltd Fined for Making Nuisance Calls For … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Privacy & Cybersecurity team. This week’s alert covers news from Germany and the UK. Germany Berlin Data Protection Officer Warns Against Biometrical Face Recognition UK Islington Council Fined due to Parking Ticket Website Security Breach ICO Fines TalkTalk for Failing to Protect … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Privacy & Cybersecurity team. This week’s alert covers news from the European Union, France, Germany and the UK. EU Advocate General Considers Handwritten Exam Scripts to be Personal Data France State Council Rules on Rights of Complainants in Relation to Sanctions Given … Continue Reading
Please click here to read the latest data privacy alert from the Squire Patton Boggs Data Privacy & Cybersecurity team. This week’s alert covers news from Germany, Japan and the UK. Germany Baden-Württemberg Releases Guidebook on Employee Data Protection Voßhoff Welcomes Decision Not to Enforce Data Retention Japan Japan on the Way to Adequacy Decision by Early … Continue Reading