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FTC’s Operation AI Comply - Let’s Discuss Dissents

On September 25, 2024, the Federal Trade Commission (FTC) announced five administrative complaints and proposed orders involving companies that – according to the agency’s press release – have allegedly relied on artificial...more

An Introduction to the Basics of the EU AI Act

Following several years of drafts and negotiations, on March 13, the European Parliament approved the EU’s Artificial Intelligence Act (the AI Act), making it the world’s first comprehensive AI legislation....more

AD Nauseam: AI – We Had to Discuss it Eventually [Audio]

On today’s episode of AD Nauseam – which is the first of a two-part series – Amy, Daniel and Nichole talk about AI and why it’s such a broad pressing concern. Questions & Comments: amudge@bakerlaw.com;...more

NAIC Adopts Model Bulletin on Artificial Intelligence

On December 4, the National Association of Insurance Commissioners unanimously adopted a model bulletin on the use of artificial intelligence in insurance. The model bulletin is intended for use by state insurance regulators...more

DSIR Deeper Dive: Absent Legislation, Privacy Regulators Offer Guidance on AI

By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking...more

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

New York State Adds Health Care Geofencing Prohibition, Taking a More Measured Approach Than Washington’s Similar Ban

As part of the health budget bill signed by Governor Hochul in early May, New York has amended its General Business Law, introducing a prohibition on geofencing of health care facilities that goes into effect on July 2, 2023...more

2022 DSIR Report Deeper Dive: Personal Data Deletion [Audio]

The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021. This episode takes us deeper into personal data...more

Deeper Dive: Why Personal Data Deletion Matters

Our 2022 Data Security Incident Response Report discussed how businesses can be better positioned to meet the tight data breach notification deadlines now imposed in dozens of countries worldwide. In particular, we...more

International Data Protection Update - Winter 2021/2022

This Update highlights some of the international data protection issues that caught our attention and the attention of our clients over the winter, including updates on European data transfers and cookie compliance,...more

Are More European Standard Contractual Clauses Coming?

On November 18, 2021, the European Data Protection Board (EDPB) adopted its new draft guidance on the interplay between Article 3 of the European Union’s General Data Protection Regulation (GDPR) and Chapter V of the same...more

International Data Protection Update – Summer 2021

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific - China’s Data Security Law and Personal Information...more

Data Breach Enforcement Is a Global Risk

The 2021 edition of BakerHostetler’s annual Data Security Incident Response Report highlights some regulatory enforcement trends we saw from the European Union (EU) data protection authorities (DPAs) during the past year. EU...more

Updated EU Standard Contractual Clauses Are Finally Here

On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data...more

The Not-So-Hidden FTC Guidance on Organizational Use of Artificial Intelligence (AI), from Data Gathering Through Model Audits

Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s...more

The New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation

The week of April 19 was an eventful one for practitioners following the evolution of potential artificial intelligence (AI) enforcement both in the United States and abroad, answering some questions regarding which...more

International Data Protection Update – First Quarter 2021

This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

Privacy and Product Counseling: 2020 in Review

Summary Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however...more

European Authorities Release Back-to-Back Drafts Addressing Cross-Border Data Transfers

Last week, both the European Data Protection Board (EDPB) and the European Commission released highly anticipated draft documents offering guidance to organizations that engage in cross-border data transfers involving EU...more

Employee Training and Record-Keeping Requirements in the Final CCPA Regulations and a Preview of New Retention Requirements in the...

The California Consumer Privacy Act (CCPA) does not in itself outline specific employee training or record-keeping requirements that demonstrate business compliance with the law. However, the California attorney general’s...more

5 Key Things to Know about the Landmark Schrems II Decision

Quick Links - CJEU Press Release - CJEU Decision - Press Releases from the Parties - Irish Data Protection Commission - Max Schrems - U.S. Department of Commerce - Electronic Privacy Information Center (EPIC) - BSA The...more

Belgian Authority Raises Red Flag for DPOs with Multiple Roles

Following its investigation of a personal data breach, the Belgian Data Protection Authority (DPA) issued a ruling on April 28, 2020, imposing a €50,000 fine on an organization for negligence in having appointed the company’s...more

Record-Keeping and Training Requirements in the Proposed Regulations for the CCPA

The California Consumer Privacy Act (CCPA), California Civil Code §1798.100 and following, does not in itself outline specific training and record-keeping requirements that demonstrate business compliance with consumer...more

Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU. ...more

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to...more

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