On May 26, 2023, the Colorado Division of Insurance (CDI) exposed, for public review and comment, a significantly revised draft of its proposed regulation (the Revised Draft Reg.) addressing the governance and risk management...more
Welcome to the latest edition of Updata!
Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity...more
5/11/2023
/ Adequacy Requirement ,
Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
China ,
Consent ,
Cookies ,
Cybersecurity ,
Czech Republic ,
Disclosure Requirements ,
EU ,
EU Data Protection Laws ,
Germany ,
International Data Transfers ,
Member State ,
New Guidance ,
New Legislation ,
NIST ,
Privacy Laws ,
Singapore ,
South Korea ,
State Privacy Laws ,
UK
Artificial intelligence (AI) has dominated the headlines over the last several years. As technology has continued to advance, computers and robots have progressed from merely assisting human beings with common tasks to making...more
On March 27, 2023, the California Privacy Protection Agency (CPPA) will close its second phase of rulemaking on automated decision-making (ADM) systems under the California Privacy Rights Act (CPRA)— but not before giving...more
This briefing links up some commonalities between the EU and US in terms of the AI march to regulatory change. Our global regulatory specialists have put their heads together for this update on EU, New York City (NYC) and...more
In December 2022, the National Association of Insurance Commissioners (NAIC) Big Data and Artificial Intelligence (H) Working Group published a Report on the use of artificial intelligence (AI) and machine learning (ML)...more
The year 2023 will continue to have cybersecurity and data privacy front of mind for General Counsels. With sweeping new US and global laws and regulations coming online and the California Privacy Protection Agency (CPPA)...more
3/3/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Sensitive Personal Information
All nine Supreme Court Justices sided with a group of 30 states in a dispute with Delaware over hundreds of millions of dollars of unclaimed checks issued by MoneyGram, a money transfer company. The Court held that the...more
New York City (NYC) has delayed to April 15, 2023 the enforcement of its first-of-its-type law on bias in artificial intelligence (AI) tools used in employment. Local Law 144 of 2021 prohibits employers in NYC from using...more
2/16/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
EEO-1 ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Proposed Rules ,
Unconscious Bias
On February 1, 2023, the Colorado Division of Insurance (CDI) released a draft of the first of several regulations to implement S.B. 21-169, Colorado’s 2021 law prohibiting insurers from using external consumer data and...more
On Wednesday February 1, 2023, the NAIC Privacy Protections Working Group (the Working Group) released a draft of a new model law for comment, the Insurance Consumer Privacy Protection Model Law (#674) (the Proposal), which...more
2/10/2023
/ California Consumer Privacy Act (CCPA) ,
Data Security ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Industry ,
NAIC ,
Personal Information ,
Privacy Laws ,
Privacy Policy ,
Proposed Rules ,
Working Groups
On January 26, 2023, the National Institute of Standards and Technology (NIST) released its AI Risk Management Framework (AI RMF or Framework.) The AI RMF is a resource for organizations designing, developing, deploying, or...more
Unclaimed property audits and compliance changes will challenge many US companies in 2023. Any company that is not filing annual reports will be at risk of an expensive multi-year audit, and even long-time filers could be...more
On October 4, 2022, the White House Office of Science and Technology Policy (OSTP) issued the Blueprint for an AI Bill of Rights (the Blueprint), which lays out guidelines for companies to use to protect the public...more
The US Supreme Court heard arguments on October 3, 2022 on an unclaimed property case for the first time since the early 1990s. The case, Delaware v. Pennsylvania, is a state-versus-state dispute between Delaware and...more
The California State Legislature has passed legislation giving the Controller the green light to establish a California Voluntary Compliance Program (VCP) for holders of unclaimed property. The bill, A.B. 2280,...more
Experts estimate that within the next decade or so, adversaries will have the capacity to use quantum computing to break the encryption on virtually all existing digital databases. This is why it is highly significant...more
On July 8, 2022, the California Privacy Protection Agency (the CPPA) officially began the formal rulemaking process for the California Privacy Rights Act (CPRA). The CPPA identified three primary goals for the rulemaking...more
On June 16, 2022, the Federal Trade Commission (FTC) issued a strongly worded report to Congress, “Combatting Online Harms Through Innovation,” warning that policymakers must use “great caution” when mandating the use of...more
The CFPB recently updated its examination manual to, in Director Chopra’s words, “combat discriminatory practices across the board in consumer finance.” Under the CFPB’s revised manual, any discriminatory conduct that the...more
7/22/2022
/ Anti-Discrimination Policies ,
Banking Examinations ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
ECOA ,
Examination Manual ,
Fair Housing Act (FHA) ,
Financial Services Industry ,
FinTech ,
Marketing ,
UDAAP ,
Unfair or Deceptive Trade Practices
Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R- WY) introduced new proposed legislation on June 7, 2022, which would classify the vast majority of digital assets as commodities, and empower the Commodities Futures...more
6/14/2022
/ CFTC ,
Commodities ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Environmental Social & Governance (ESG) ,
FERC ,
FinTech ,
Infrastructure Investment and Jobs Act (IIJA) ,
Investment Contract ,
NIST ,
Proposed Legislation ,
Securities and Exchange Commission (SEC)
Connecticut’s new consumer privacy law imposes enhanced privacy disclosures and assessment requirements on businesses, and provides consumer rights similar to those in Europe’s GDPR, the California Privacy Rights Act (CPRA),...more
5/18/2022
/ Consumer Privacy Rights ,
Data Privacy ,
Exemptions ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Jurisdiction ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws
Welcome to the latest edition of Updata!
Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team - it provides you with a compilation of key privacy and cybersecurity...more
On March 24, 2022, the Utah governor signed a consumer privacy law (the Utah Consumer Privacy Act, UCPA), marking the fourth state law to create enhanced data privacy rights and protections for consumers. The law will go into...more
“Corporate evasion is corporate fraud,” the California Attorney General declares in a March 22, 2022 press release accompanying an unclaimed property complaint the State has filed alleging systemic failure to report and remit...more