On July 5, 2022, the European Parliament voted to approve the final text of the Digital Services Act (“DSA” or the “Act”), a landmark regulation that—along with its sister regulation, the Digital Markets Act (“DMA”)—is poised to transform the global regulatory landscape for social media platforms, hosting services like cloud service providers, and other online intermediaries. Lawmakers have billed the…

A growing number of employers are turning to artificial intelligence (“AI”) tools to assist in recruiting and other employment decisions. According to Forbes, almost all Fortune 500 companies use talent-sifting software, and more than half of human resource leaders in the U.S. leverage predictive algorithms to support hiring. Widespread adoption of these tools has led to concerns from regulators and…

On June 21, 2022, the House Energy and Commerce Committee formally introduced a new federal privacy bill: the American Data Privacy and Protection Act (“ADPPA”). Notably, the ADPPA has diverse support from both branches of Congress and both political parties. The ADPPA aims to create a national framework that would preempt many, but not all, state privacy laws. It is…

On Friday, July 15, 2022, Eric Dinallo, Avi Gesser, Erez Liebermann, and Anna Gressel participated in the latest installment of Debevoise’s Insurance Series webcast to discuss the implications of the recent California Insurance Department Bulletin on Allegations of Racial Bias and Unfair Discrimination in Marketing, Rating, Underwriting, and Claims Practices by the Insurance Industry.  Their discussion included: The scope of…

On June 30, 2022, the California Department of Insurance (the “Department”) released Bulletin 2022-5 (the “Bulletin”), which places several limitations on the use of Artificial Intelligence (“AI”) and alternative data sets (“Big Data”) by the insurance industry. The Bulletin states that the Department is aware of recent allegations of racial discrimination in marketing, rating, underwriting and claims practices by insurance…

With the widespread adoption of artificial intelligence (“AI”) and other complex algorithms across industries, many business decisions that used to be made by humans are now being made (either solely or primarily) by algorithms or models.  Examples of automated decision-making (“ADM”) include determining: Who gets an interview, a job, a promotion, or employment discipline; Which ads get displayed for a…

On May 25, 2022, the Review of Banking & Financial Services published an article on the recently-issued banking agencies’ Final Rule on Computer-Security Incident Notification Requirements for Banking Organizations and Their Bank Service Providers (the “Final Rule”). The Final Rule went into effect on April 1, 2022 and required banking organizations, as well as certain banking service providers, to comply…

On Wednesday, May 25, 2022, Avi Gesser and Anna Gressel of Debevoise’s Data Strategy & Security Group joined Luke Tenery and Michael Costa of  StoneTurn’s Cybersecurity and Incident Response Group for an engaging discussion on Artificial Intelligence Incident Response hosted by the Cybersecurity Docket. The panel discussed: Current legal, compliance, and risks relating to AI that are likely to lead…

Connecticut’s Governor signed the state’s comprehensive privacy law into effect on May 10, 2022, adding yet another category of state privacy law. The Connecticut legislature largely drew upon provisions found in existing comprehensive U.S. state privacy laws in California, Virginia, Colorado, and Utah to draft “An Act Concerning Protection of Consumer Data Privacy and Online Monitoring” (the “Connecticut Privacy Act”…

On Friday, May 20, 2022, Avi Gesser and Anna Gressel of Debevoise’s Data Strategy & Security Group and Eric Dinallo and Marshal Bozzo of Debevoise’s Insurance Regulatory practice had an engaging discussion on Artificial Intelligence and Discrimination in the Insurance Industry (Part III in this series). Topics included: Regulatory developments since Part II of our discussion on Artificial Intelligence and…