Artificial Intelligence

Following the UK Information Commission’s (ICO) call for evidence on 8 October 2026 on the application of existing UK data protection laws to “agentic AI” systems, David Naylor, Simon Jones and Paul Jinks share headline thoughts on some of the fundamental data privacy questions raised by the use of agentic AI, summarise the key…

When discussing artificial intelligence and data governance, the conversation typically focuses on privacy, cybersecurity and regulatory compliance. Increasingly, however, competition regulators are becoming part of that conversation as well.

A recent episode of the Antitrust Amplified podcast explores developments in government antitrust investigations and private litigation across the United States, the United Kingdom and Europe. Among the topics discussed are AI-related competition issues, procurement collusion matters and broader antitrust enforcement trends.

Continue Reading Why Privacy Professionals Should Be Paying Attention to Antitrust Enforcement Trends

When the first state consumer privacy law – California Consumer Privacy Act (CCPA) – passed, it applied to employees, but before it went into effect in 2020, 2019’s Assembly Bill 25 created a temporary exemption. By January 1, 2023, however, the exemption expired and the CCPA applied fully to personal information collected from or about employees and job applicants, including the CCPA’s anti-retaliation and anti-discrimination requirements. Last year, the CCPA’s Automated Decision-Making Regulations were finalized, with some special treatment applied to the HR context, as explained below. Other state legislatures, however, have mostly (but not completely, as discussed below) avoided extending their consumer privacy laws to employees and job applicants.

Continue Reading US Employers Face Evolving State Obligations for Human Resources AI / ADMT Use

State attorneys general are increasingly shaping the regulatory landscape for organizations that rely on technology, data and artificial intelligence. In the latest episode of Squire Patton Boggs’ Antitrust Amplified podcast, antitrust partner Lauren Briggerman sits down with representatives from the California Department of Justice and the District of Columbia Attorney General’s Office to discuss evolving…

As privacy regulation, AI governance, and cybersecurity requirements continue to evolve globally, members of Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets team will be speaking on legal developments at several upcoming webinars, conferences, and CLE programs. Explore the events and hot topics below. For many of these programs we can arrange free passes for clients and are noted below. We look forward to connecting with you!

Continue Reading Upcoming Speaking Engagements and CLE Opportunities with the SPB Data Team

In this second of a three-part series on US data law updates, we cover state laws related to development and deployment of artificial intelligence (AI) systems.

In Part I, we focused on the trend of more restrictive state consumer privacy laws. In this Part II, we review how state AI laws are focused on the most potentially harmful uses of AI systems. While state legislatures enacted a steady stream of new and amended consumer privacy laws during Q1 and Q2, legislative activity on AI and AI-related laws accelerated during May through  August. This Part II focuses on some of the more significant developments during this period.  

Continue Reading U.S. AI Law –  2026 Midyear State Update

Last week, a European Data Protection Authority imposed a substantial fine for a company’s use of an algorithmic system that automatically restricted individuals’ access to income-generating opportunities via an online platform and the failure to provide adequate transparency.  Accounts were deactivated where the system detected suspected fraud or low customer ratings and no human assessment…

The Guidelines 03/2026 on web scraping in the context of generative AI, adopted by the European Data Protection Board “EDPB” for public consultation on 7 July 2026, are notable not only for what they require but for what they acknowledge. The document is unusually candid about three limitations: an epistemic one (the controller may not always know what it has collected), a technical one (what a model has learned cannot, today, be easily unlearned), and an institutional one (some of the assessments woven into the GDPR analysis sit, at least in part, with other authorities and courts). These acknowledgements are welcome, and they distinguish the text from more declaratory guidance. The tension is that the requirements built on top of them are not always adjusted accordingly, and that gap, between what the EDPB admits and what it nonetheless requires, is where the most interesting questions of the consultation lie.

Briefly, the Guidelines cover scraping performed by private entities, whether carried out in-house, commissioned from a third party or effected through the acquisition of pre-scraped datasets. They work through the familiar sequence: allocation of controller and processor roles, the core principles of Article 5 GDPR (purpose limitation, transparency, minimization, accuracy), the choice of legal basis, with legitimate interest under Article 6(1)(f) GDPR treated as the realistic candidate and consent all but discarded, and the treatment of special categories of data incidentally swept up in the collection, for which the EDPB adapts the CJEU’s GC & Others framework. Little of this structure will surprise anyone who has followed the Board’s recent work on AI. What rewards attention is how each of these familiar steps is made to function once the three limitations above enter the analysis.

Continue Reading Regulating the Irreversible: The EDPB’S Web Scraping Guidelines and the Limits of GDPR Orthodoxy

The EU Artificial Intelligence (AI) Act requires companies to disclose in certain cases whether content has been created or modified by AI. This also applies to companies that make use of AI such as image-generation programs for product advertising.

Given that the new rules are enforceable from 2 August 2026, with fines up to EUR…

Consistent with the recent strategic shift in policy around EU regulations, the EU’s seventh package of changes to simplify/lighten their burden has just been approved and, with it, we will see changes to the way the EU’s Artificial Intelligence Act will be applied (although some obligations under this legislation are already in force).

The EU’s…