On February 13, 2024, the USPTO issued new guidance regarding the patentability of inventions created with the assistance of AI. Issued in response to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” released by President Biden on October 30, 2023, this guidance has been highly anticipated, in view of the market’s rapid adoption of AI tools in all corners of business, including the creation of inventions and new…
On 8 June 2023, US President Joe Biden and UK Prime Minster Rishi Sunak announced the US and UK had reached a commitment in principle to establish a UK/US “data bridge”. From a UK GDPR perspective this new mechanism would be an extension to the EU-US Data Privacy Framework, which is currently being assessed by the European Commission under the EU GDPR. The European Commission is expected to issue an adequacy decision under the EU…
28 January 2023 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…
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…
The Empire State is making waves in the world of privacy with the introduction of its own version of the now infamous California Consumer Privacy Act (CCPA). SB 567, which was introduced on January 6, 2021, is New York’s attempt to introduce new consumer rights with respect to personal information, as well as regulate the sale of consumer personal information to third parties. Notably, the Bill also introduces a private right of action for consumers…
On December 8, 2020, ten US Senators wrote to the EEOC asking it to use its power to investigate and take enforcement action against vendors who create—and companies that utilize—discriminatory hiring algorithms. Click here to read on about the importance of this letter and what steps companies should take now to prepare.
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued an advisory to alert companies about potential sanctions risks when making payments in response to ransomware attacks. The advisory is in response to the demand for ransomware payments during the COVID-19 pandemic as cyber criminals have severely debilitated systems that merchants rely on to continue to conduct business. A Threat to National Security Ransomware is a form of malicious software designed…
In response to the July 16, 2020 Schrems II ruling from the European Court of Justice, the US Department of Commerce has issued a formal “Standard Contractual Clauses” White Paper to help organizations assess whether their transfers offer appropriate data protection in accordance with the ECJ’s ruling outlining the robust limits and safeguards in the United States for government access to data. Government data access safeguards post-Schrems II Following the Schrems II ruling, organizations that…
Riot Games, Inc. (“Riot”) is the developer and publisher of League of Legends (“LoL”), a popular multiplayer online battle arena game.[1] In LoL, two teams of five players each battle to destroy each other’s Nexus, or base. Players control characters that have various different attacks and abilities. Each team also has minions that stream towards the other team’s base, and each team attempts to protect their base by attacking other characters and pushing their own…
A new interpretation of the Commodities and Futures Trading Commission (the CFTC) removes some uncertainty from a key exemption for virtual currencies. On March 23, 2020, the CFTC approved its final interpretive guidance on the meaning of the term “actual delivery”. In order for retail commodity transactions involving digital assets to be exempt from CFTC regulation under the Commodity Exchange Act (CEA), the transaction must result in actual delivery within 28 days, or such other…