Data Privacy

Our very own Alan Friel, Julia Jacobson, Kyle Dull and Samuel Marticke will be featured in a series of upcoming CLE webinars designed to equip legal professionals with practical strategies for drafting enforceable terms of use, managing privacy risks in AI, and navigating the latest state data privacy laws.Continue Reading Join Us in April for Three Upcoming Strafford Webinars

In our earlier blog on recent changes affecting the Competition and Markets Authority (CMA), we anticipated more changes to come. The month of March has lived up to our expectations. On 12 March, the CMA launched a “call for evidence” for the review of its approach to merger remedies as well as a “Mergers Charter” for businesses, stating that:

“Both the merger remedies review and the Mergers Charter are part of the CMA’s programme of work to implement the ‘4Ps’ – pace, predictability, proportionality and process – across all its work, helping to drive growth and enhance business and investor confidence.”[1]Continue Reading Ch-ch-ch-ch-changes… Part 2

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

FCC Seeks Comment on Quiet Hours and Marketing Messages | Privacy World

New Class Action Threat: TCPA Quiet Hours and

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CA Legislators Charge That Privacy Agency AI Rulemaking Is Beyond Its Authority

Data Processing Evaluation and Risk Assessment Requirements Under

Join Team SPB’s Alan Friel, Julia Jacobson and Kyle Dull for three informative webinars addressing key topics including AI-driven decision-making technologies, the development of terms of service and privacy policies, and best practices for the responsible use of AI and associated risk management.

A limited number of complimentary passes are available to clients for each webinar. For more details on free passes, please reach out to Julia Jacobson.


Continue Reading Join Team SPB this Spring for Three Engaging Webinars

By repeating “ch-ch-ch-ch-changes” in his famous song, David Bowie was reportedly trying to mirror the stuttered steps of growth. January 2025 was a month full of changes for the UK Competition and Markets Authority (CMA). As with any changes, it is difficult to predict their effect precisely, only time will tell. Although we do not have a crystal ball, however, our longstanding and in-depth experience in UK competition law gives us unique insights on what to expect and most importantly how to adapt. In this update, we will cover some of these key changes including:   

  • The entry into force of the Digital Markets, Competition and Consumers Act (DMCCA) and related updated guidance.
  • An anticipated reform of the UK concurrency regime to extend to consumer protection.
  • The exercise by the CMA of its new DMCCA powers to designate companies with Strategic Market Status (SMS).
  • Last but not least, perhaps the changes that grabbed the headlines the most: the CMA has a new interim Chairperson and the UK government’s “steer” to the CMA’s CEO.

Continue Reading Ch-ch-ch-ch-changes… for the UK Competition and Markets Authority

Join Alan Friel for an insightful webinar, hosted by Today’s General Counsel, where industry experts will discuss the critical role of automated data mapping in effective data governance. This esteemed panel will discuss strategies for creating defensible data maps that safeguard sensitive information and will be moderated by Rebecca Perry, Managing Director of GTM Strategy & Operations for Privacy & Data Governance Solutions at Exterro.Continue Reading Join SPB’s Alan Friel for an Automated Data Mapping Webinar Hosted by Today’s General Counsel

In what may turn out to be an influential decision in the burgeoning sphere of AI technology, in Thomson Reuters v. Ross Intelligence, the court ruled that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thomson Reuters’ copyrights as a matter of law but that

Summary

On December 27, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) published its Notice of Proposed Rulemaking (“NPRM”) titled HIPAA Security Rule to Strengthen the Cybersecurity of Electronic Protected Health Information. HHS seeks comments on proposed modifications to the Security Standards for the Protection of Electronic Protected Health Information comprising 45 C.F.R. Parts 160 and 164, Subpart C, commonly known as the “Security Rule”, to address modern breach and cybersecurity risks to electronic protected health information (“ePHI”)[1] and common deficiencies observed by HHS in Security Rule compliance investigations, and to incorporate current industry best practices[2] and court decisions affecting enforcement of the Security Rule[3].[4] As summarized below, the proposed modifications signal HHS’s commitment to aligning the Security Rule requirements with current cybersecurity standards and addressing areas of non-compliance with more prescriptive measures to enhance ePHI security in the face of evolving cyber threats and technological advancements. HHS invites interested parties to submit comments by March 7, 2025.Continue Reading HHS Publishes Notice of Proposed Rulemaking to Amend HIPAA Security Rule Requirements – Comments Due March 7, 2025

On January 29, 2025, the Copyright Office (the “Office”) released its second report in a three-part series on artificial intelligence and copyright. Part 1 was released in July 2024 and addressed digital replicas. Part 2 focuses on the copyrightability of AI-generated work – that is, providing greater detail into what level of human interaction is required for a work containing AI-generated works to rise to the level of copyrightability. The report includes eight conclusions to guide copyright applicants and concludes that existing law is sufficient to address copyrighting AI-generated works.Continue Reading Copyright Office: Copyrighting AI-Generated Works Requires “Sufficient Human Control Over the Expressive Elements” – Prompts Are Not Enough