Companies face increasing cybersecurity and AI risk from third-party vendors.  Cybersecurity risks arise when companies share sensitive personal data or company information with their vendors or when their vendors have direct access to the company’s information systems. Companies using AI technology that is developed by a vendor can also face risk if the AI behaves unexpectedly, and that results in…

As covered in our Annual Review, 2020 was a blockbuster year for European data protection. If January is anything to go by, 2021 will be the same.  New data breach notification guidance from the European Data Protection Board (“EDPB”), multi-million Euro penalties from DPAs in Germany, Spain and Norway, and court rulings on discriminatory use of algorithms, the one-stop-shop and…

On 19 January 2021, the UK Information Commissioner’s Office (the “ICO”) published its September 2020 letter to the Securities and Exchange Commission (the “SEC”) analysing the GDPR’s impact on UK-based SEC-regulated firms’ (“SEC–Regulated UK Firms”) ability to comply with SEC data requests. Although the letter was greeted by Acting SEC Chairman Roisman as confirmation that the “UK GDPR does not…

Over two years since the GDPR came into force, the full extent of its impact is still developing at pace.  In this post, we look back at the 2020 European data protection landscape and five trends that help companies understand not only where we are, but where data protection enforcement, litigation, and practice may be headed. 1. Enforcement against a…

Introduction For those following emerging artificial intelligence (“AI”) regulations and enforcement closely, one issue of great interest is remedies. In particular: in what circumstances, if any, would regulators or courts find that a flawed machine learning or AI model must be scrapped entirely? A hot-off-the-press decision from the U.S. Federal Trade Commission (the “FTC”) suggests regulators will not shy away…