What rights does a consumer have to a digital product that they purchase? What control does an author have over their creative works? What obligations do others have to you when they use your data to develop new products? None of these questions are new, but the recent proliferation of artificial intelligence (AI) tools, particularly generative AI (GenAI) tools, has brought these questions to the forefront of ongoing conversations about the role that AI will…
In brief On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) approved the final rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (“Final Rules”). As previously reported, the SEC first proposed amendments to its rules on disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies on March 9, 2022 (“Proposed Rules”). Similar to the Proposed Rules, the Final Rules, broadly speaking, require (i) issuers to make disclosures…
In brief Companies that export personal data out of China have roughly one month to adopt China’s Standard Contractual Clauses (“SCCs”) to comply with the Cyberspace Administration of China’s (“CAC”) deadline of June 1, 2023. As outlined in previous client alerts, the SCCs are one of three mechanisms in place for cross-border data transfers from mainland China to other jurisdictions. Many multinationals will be impacted by these requirements because Chinese employment data, which is…
In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of concepts, developments, research, and even lines of software code, in response to human inputs. This has resulted in an uptick of patent applications filed with the U.S. Patent and Trademark Office (the “USPTO”) seeking patents with varying degrees of contributions from AI tools. This calls into question whether, and to what extent, inventions involving contributions…
In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of works, such as art, music, stories, and even lines of software code, in response to human inputs. This has resulted in an uptick of copyright applications filed with the U.S. Copyright Office (the “Office”) seeking registrations for works with varying degrees of contributions from generative AI tools. This calls into question whether, and to what…
The Federal Trade Commission (“FTC”) issued a warning on Monday about artificial intelligence (“AI”), telling businesses to “keep [their] AI claims in check” and reminding all industries that the Commission will be monitoring baseless or exaggerated marketing around AI. In the post published on the FTC’s website, an attorney for the FTC Division of Advertising Practices reminded businesses that “false or unsubstantiated claims about a product’s efficacy” is the FTC’s “bread and butter.” The FTC’s…
In this episode of Connect On Tech, your host Adam Aft, Co-Head of Baker McKenzie’s Global Technology Transactions group is joined by Alexandra Coti, senior associate in our Paris office, to discuss The Data Business Booster, Baker McKenzie’s innovative new legal assessment tool. In this episode, you will learn about: How the tool helps organizations understand the current state of their data management and protection when using and sharing dataWhat led to the development of…
The need for businesses to be agile, innovative, and data-savvy to compete and thrive in the dynamic economic landscape is very clear. Digital transformation ranks high on corporate agendas but so do concerns around privacy, security and integration with legacy IT systems. In its seventh year, Baker McKenzie’s Digital Transformation & Cloud Survey captures major trends and attitudes through a global lens. Explore the issues from all angles across legal, technology, and procurement roles, and from…
Join Adam Aft and Flavia Rebello present the key findings of Baker McKenzie’s Digital Transformation & Cloud Survey.
The roller coaster of comprehensive state data privacy laws continues in earnest. California has now double dipped: first with the California Consumer Privacy Act (CCPA) and second with the California Privacy Rights Act (CPRA). With all eyes on New York, Washington State, and other potential early movers for more state legislation, Virginia has surprised the nation by coming out very quickly with its own version of comprehensive privacy law, which Governor Ralph Northam signed into…