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UK Prudential Regulation Authority Clarifies Third-Party Risk Management Expectations

The UK Prudential Regulation Authority (PRA) published a policy statement (PS7/21) and a supervisory statement (SS2/21) on clarifying and modernizing regulatory expectations of outsourcing and third-party risk management on...more

Financial Services Supervising Authorities Deliver Strong Message on Building Operational Resilience in the United Kingdom

We recently noted that the UK Financial Conduct Authority (FCA) published the outcome of a review into the factors that determine failure or success when implementing technology change in the financial services sector and...more

National Artificial Intelligence Strategy Announced in United Kingdom

Having recently announced the launch of the new UK Cyber Security Council, the UK government has followed up by announcing its plans to publish a new National Artificial Intelligence Strategy (the AI Strategy) later this...more

Maryland Is First State to Enact Digital Advertising Tax

Maryland enacted a state tax on digital advertising gross revenues on February 12, after overriding the governor’s veto. The passed law, which is the first of its kind in the United States, imposes “a tax on certain annual...more

Nevada Takes Steps to Set Up Esports Commission

A Nevada senator introduced Senate Bill 165 (SB 165) on March 2 to the state legislature, which aims to form the Nevada Esports Commission to govern and regulate esports in the state within the Department of Business and...more

Digital Platforms: UK Digital Regulation Cooperation Forum to Include Financial Conduct Authority

The United Kingdom’s Digital Regulation Cooperation Forum (DRCF) on March 10 announced in its 2021–2022 workplan that the UK Financial Conduct Authority (FCA) will join as a full member from April 1, 2021....more

FCA Publishes Report on Implementing Technology Change

The UK Financial Conduct Authority (FCA) has published its findings on an extensive review into the factors which determine failure or success when implementing technology change in the financial services sector....more

Recap: Bias Issues and AI

Bias in AI can result from assumptions in the machine learning process, or as a result of data that is imbalanced or incomplete and does not reflect a true representation of the relevant population. Examples of such skewed...more

United Kingdom Forms Cyber Security Council

As part of its five-year, £1.9 billion ($2.65 million) national cybersecurity strategy, the UK government on February 9 announced the launch of the UK Cyber Security Council (Council), a new independent body to support career...more

European Commission Adopts Roadmap for 2030 ‘Digital Decade’

The European Commission adopted a roadmap for the European Union's digital economy until 2030 on February 10, 2021. The roadmap aims to provide the following: This digital transformation targets European citizens, businesses,...more

Outsourcing 2021: A Year of Projected Growth and Our Top Five Challenges

As we noted in our Outsourcing 2021 webinar last week, a lot has happened and changed in the last 12 months since January 2020. There have been significant and unprecedented changes in the way our companies do business, the...more

ICO GDPR Fines Reduced to £20m and £18.4m to Reflect British Airways and Marriott Mitigating Factors

The UK Information Commissioner’s Office (ICO) has recently handed down two of the largest fines relating to a data breach in UK history. In August 2018, British Airways (BA) was subject to a cyberattack which breached the...more

Open Banking – Update for 2020

In December 2019, we published a blog post introducing open banking; here, we provide an update for 2020. To briefly summarize, open banking comprises a set of rules which permit third-party providers (TPPs) of financial...more

UK High Court Denies DABUS Appeal

On Monday 21 September, the UK High Court (Patents) delivered its judgment on the DABUS appeal, as previously reported here by Morgan Lewis. ...more

Patently Obvious? AI as an Inventor After DABUS

On 7 September 2020, the UK government published a call for views on the future relationship between artificial intelligence (AI) and intellectual property (IP). Though the government called for views on all areas of...more

Tackling Bias Issues in Artificial Intelligence

Bias issues in AI decisionmaking have become increasingly problematic in recent years, as many companies increase the use of AI systems across their operations. On one hand, AI can help reduce the impact of human biases in...more

Data Privacy Issues in COVID-19 Contact Tracing Apps

In response to the coronavirus (COVID-19) pandemic, technology companies and public health authorities around the world have been developing contact tracing apps as a way to track and thus slow the spread of the virus....more

FCA Decides Not to Implement EIOPA Guidelines in United Kingdom

The UK Financial Conduct Authority (FCA) announced on July 8 that the guidelines issued by the European Insurance and Occupational Pension Authority (EIOPA) on outsourcing to cloud service providers are not applicable to...more

Cross-Border Transactions Caught at the Crossroads: Navigating the Global Covid-19 Crisis through Force Majeure Provisions

The coronavirus (COVID-19) pandemic has had sweeping effects around the world, and in this era of globalization, business transactions that span multiple jurisdictions and markets have fallen prey to new and unexpected risks...more

ESMA Draft Guidelines on Outsourcing to Cloud Service Providers

The European Securities and Markets Authority (ESMA) published its draft guidelines on outsourcing to cloud service providers on June 3. Steven Maijoor, the chair of ESMA, indicated that the purpose of the guidelines is to...more

COVID-19’s Impact on Outsourcing and Managed Services: Update on 5 Key Issues

In April, we shared a LawFlash Outsourcing and Managed Services Agreements During COVID-19: Our Perspective. With the continued and unprecedented impact of the coronavirus (COVID-19) pandemic on business operations, we...more

Outsourcing and Managed Services Agreements During COVID-19: Our Perspective

As the coronavirus (COVID-19) continues to spread around the world, this remains an unprecedented time for global industry. The same is true for outsourcing and managed services arrangements: both service providers and...more

FSB Focuses on Financial Institutions’ Dependencies on Cloud

The Financial Stability Board (FSB) published on December 9, 2019, its report on financial institutions’ increasing reliance on third parties to provide cloud computing services (the Report)....more

UK Government Plans to Fundamentally Change Public Procurement Regime Post-Brexit

The UK government has indicated that the UK’s approach to public procurement will fundamentally change post-Brexit. While it remains to be seen whether such a fundamental change will be possible in practice, the UK...more

What Is Open Banking?

Open Banking is an initiative mandated by the UK’s Competition and Markets Authority (CMA) in 2017. It is intended to facilitate better competition in the banking sector by mandating protocols that facilitate the secure...more

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