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DeepSeek Grabs Headlines – but Could it Be Unlawful by April? Considerations for Companies from Recent US Data Regulations

Late last week, a new generative AI large language model called DeepSeek was publicly launched by two Chinese entities, the Hangzhou and Beijing DeepSeek Artificial Intelligence Cos. Ltd.  DeepSeek is currently driving...more

Help! My Business Wants to Start Using ChatGPT!

Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar “generative AI” tools in their operations. These requests can be urgent, with business clients demanding...more

AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do in 2023

Artificial intelligence (AI) is expanding into more industries (often in surprising ways) and has inevitably caught the attention of federal and state regulators. Our Privacy, Cyber & Data Strategy Team summarizes the...more

FTC Guidance Creates New Breach Notification Obligations

The Federal Trade Commission has issued new guidance under which consumers or companies should be notified of data breaches “regardless of whether a breach notification law applies.” Our Consumer Protection/FTC Team analyzes...more

Georgia Introduces Privacy Bill Stricter than CCPA – the Top 10 Issues

On January 26, 2022, the Georgia General Assembly introduced a bill titled the Georgia Computer Data Privacy Act (GCDPA). Despite its title, the GCDPA is not a “computer”-focused bill. It is instead is an omnibus privacy...more

The GDPR Reaches the US Supreme Court in Cert Petition

The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment....more

A CCPA Private Right of Action on the Horizon: Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the...

Plaintiffs’ counsel have started to lay the groundwork for a broad private right of action under the California Consumer Privacy Act (CCPA). The first part of this article provides an overview of how the CCPA addresses...more

The Updated CCPA Regulations: 30 Potentially Material Business Impacts

California Attorney General Xavier Becerra has released updated regulations to the California Consumer Privacy Act (CCPA) that contain a number of material modifications to the initial CCPA regulations released in October...more

The Draft CCPA Regulations: 21 Potentially Significant Business Impacts

Our Privacy & Data Security Team summarizes the portions of California’s proposed regulations for the California Consumer Privacy Act (CCPA) that are likely of material interest to companies across industries and highlights...more

On GDPR Day, Austrian DPA issues First Binding DPIA Whitelist

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies

Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers...more

ECJ Declares IP Addresses are Personal Data

Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is...more

German DPAs to Create Model Processing Records for GDPR Compliance

On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing...more

Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield

Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background...more

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