Witnessing the race to harness the power of Artificial Intelligence (“AI”) by markets and businesses, the Federal Trade Commission (“FTC”), recently issued a warning over the emerging technology and its ever-widening use cases. Citing its authority under Section 6(b) of the FTC Act, the Commissioners voted 5-0 on July 19 in favor of issuing investigative
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German Federal Supreme Court rules on “climate neutral” advertising claims
According to the German Federal Supreme Court (Bundesgerichtshof – “BGH”), companies must substantiate “climate neutral” advertising claims: Where such advertising claims lack sufficient substantiation in direct proximity to the claim, they will likely be considered misleading and, therefore, in breach of the statutory requirements of the German Act against Unfair Commercial Practices (Gesetz gegen den…
Personal Jurisdiction Doctrine Shows Teeth as First Circuit Dismisses Class Action Wiretapping Claim
The First Circuit Court of appeals has affirmed that specific personal jurisdiction must be based on defendants’ intentional conduct. In affirming the dismissal of a consumer class action that alleged “wiretapping” claims based on ordinary website activity, the federal appeals court’s decision reflects growing judicial skepticism toward the proliferation of class action claims applying old…
Online Safety Act – Keeping you updated
On 25 March 2024, Ofcom called for evidence for the third phase of its online safety regulations. This call for evidence will culminate in Ofcom’s third consultation paper, which will act as guidance for service providers to ensure compliance with the Online Safety Act (“OSA”).
The third phase of online regulations introduces further guidance on…
Utah’s GenAI Law Holds AI Users Accountable for Deceptive Outputs
Utah’s recent passage of updates to its consumer protection law and the Artificial Intelligence Policy Act (Utah AI Policy Act), which comes into effect on May 1, 2024, could mark an important moment in AI regulation. Notably, the updates to state consumer protection law emphasize holding companies that use generative AI (GenAI)—rather than developers—accountable if…
The impact of states’ legislative reaction to Dobbs on consumer health data privacy
Although it’s been 2 years since the Dobbs v. Jackson Women’s Health decision from the Supreme Court, various state legislatures and courts have tried to define the new post-Roe landscape. This effort includes new and revised laws to amend existing privacy laws to protect consumer health data. You can find out more on our blog post from Health…
Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services
The German Federal Ministry for Digital and Transport (Bundesministerium für Digitales und Verkehr – BMDV) has drawn up a new draft bill which shall introduce:
- (i) a statutory obligation for providers of number-independent interpersonal communication services (e.g. instant messaging services) to allow their users to use end-to-end encryption (“E2EE”), and (ii) a statutory transparency obligation
…
Introduction of a UK BCR Addendum
On 19 December 2023, the Information Commissioner’s Office (ICO) published its updated guide on UK Binding Corporate Rules (BCRs), introducing the UK BCR Addendum for controllers and processors (the Addendum). It will enable organisations with existing EU BCRs to include data transfers from the UK.…
Cybersecurity preparedness: What guidance to follow?
With cybersecurity becoming a board-level issue, compliance officers, lawyers, board members, and business drivers are looking for official guidance or recommendations on cybersecurity measures to protect business, customers, and the wider economy.…
Webinar: European Data Strategies – A walk through new laws and bills
On Monday, January 29th, we celebrated Global Data Protection Day by delivering an exciting webinar highlighting the latest data protection laws and bills that might influence your business.
Please see below our webinar recording featuring our data protection specialists, and learn tips and tricks for successfully navigating the evolving landscape of data protection.
Download…