In today’s dynamic business landscape, outsourcing has become an indispensable tool for organizations seeking to streamline operations, cut costs, and access specialized expertise. Yet, as technology advances at an...more
This blog is the finale to our Cracking AI and Outsourcing Conundrums series, a series in which we’ve discussed thought-provoking topics and set the stage for dynamic discussions with outsourcing customers and providers on...more
In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS)...more
Welcome to Part 3 of our Cracking AI and Outsourcing Conundrums series. In Part 1, we discussed at a high level the challenges of requiring outsourcing providers to drive innovation through the use of generative AI (GenAI)...more
In Part 1 of our Cracking AI and Outsourcing Conundrums series, we discussed at a high level the challenges of requiring outsourcing providers to drive generative AI (GenAI) innovation while at the same time complying with...more
The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more
The US Cybersecurity and Infrastructure Security Agency (CISA) has recently released draft rules that are set to reshape how critical infrastructure companies report cyberattacks to the US government. The rules are designed...more
Innovation: all companies want their outsourcing providers to be at the forefront, whether accomplished by proposing ideas, implementing solutions as part of their business-as-usual services, or offering savings based on...more
Artificial intelligence (AI) and machine learning (ML) are transforming industries and everyday life—but they are not without potential legal issues. ML, a subfield of AI, involves developing algorithms and statistical models...more
In the era of digital transformation, businesses increasingly rely on software-as-a-service (SaaS) solutions for various operational needs. For a buyer, it is crucial to prioritize data security when negotiating SaaS...more
Software as a service (SaaS) is a distribution model where the software vendor hosts their software on their own servers, or the cloud, as opposed to the customer purchasing the software for use on their own on-premises...more
OpenAI has introduced its artificial intelligence (AI) language model, ChatGPT, to the world. ChatGPT interacts with users in a conversational manner to create human-like text in response to prompts. The use cases of this...more
A sole and exclusive remedy clause allows parties to a contract to choose specific remedies and relief available under the terms of the agreement. Essentially, exclusive remedy provisions restrict a party's available remedies...more
The German Higher Regional Court of Karlsruhe (OLG Karlsruhe) recently repealed the July 13, 2022, decision of the Procurement Chamber of the German state of Baden-Württemberg that had argued that the mere risk of access to...more
The Department for Digital, Culture, Media & Sports (DCMS) confirmed on August 30, 2022, that it will push forward with tough new regulations and a code of practice to bolster the security and resilience of the United...more
Autorenewal provisions (sometimes referred to as evergreen provisions) are common in commercial agreements for the provision of technology and related services. Vendors may want their agreements to autorenew to save time...more
On July 1, 2021, the National Collegiate Athletic Association (NCAA) officially changed its rules prohibiting college athletes from receiving benefits from their name, image, and likeness. ...more
As discussed in a post from last month, annual spending worldwide on cloud services continues to rise with an expected increase up to $332 billion by the end of 2021, which is an increase from $270 billion in 2020. While the...more
6/18/2021
/ Biden Administration ,
Cloud Computing ,
Cloud Storage ,
Critical Infrastructure Sectors ,
Data Preservation ,
Electronically Stored Information ,
Federal Funding ,
Information Technology ,
Popular ,
SaaS ,
Software
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
As discussed in a post from earlier this week, President Joseph Biden issued an executive order on May 12, 2021 to improve the nation’s cybersecurity. The White House has put its proverbial money where its mouth is by...more
The California state attorney general issued a press release on August 14 stating that the Office of Administrative Law (OAL) has approved the California Department of Justice’s regulations regarding the California Consumer...more
8/20/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Office of Administrative Law Judges (OALJ) ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government
As companies adjusted to the “new normal” of coronavirus (COVID-19) restrictions, spending on cloud services has seen a boom. Spending by companies on cloud services exploded in the second quarter to a record $34.6 billion,...more
With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon...more
8/10/2020
/ California Consumer Privacy Act (CCPA) ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Requirements ,
Risk Management ,
Service Agreements ,
Terms of Service ,
Terms of Use ,
Websites
A recent Court of Justice of the European Union (CJEU) ruling—Schrems II—could lead to significant changes for companies that rely on the EU-US Privacy Shield for transferring personal data from the European Economic Area...more
8/7/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The California Consumer Privacy Act authorizes only the state attorney general to enforce the statute, but a pending statutory amendment and a recent California Supreme Court ruling could end up expanding enforcement power to...more
7/13/2020
/ Abbott Laboratories ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices