The Federal Trade Commission has published a Final Rule relating to changes in the Children’s Online Privacy Protection Act (“COPPA”) regulations, which will go into effect on Monday, June 23, 2025. The final Rule generally provides 365 days from the final Rule’s publication date (April 22, 2025) to come into full compliance. The Final Rule
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Generative AI: Updated global guide to key IP considerations
Generative AI systems are trained using vast amounts of data, often taken from sources in the public domain that may be protected by copyright or other intellectual property rights. So could training a generative AI system using publicly accessible copyright work constitute an infringement? And could the output infringe?
Our global guide has just been
AI literacy – the Commission’s pointers on building your programme
The EU AI Act’s AI literacy obligation applied from 2 February 2025. This applies to anyone doing anything with AI where there is some connection to the EU – to providers and deployers of any AI systems.
The AI Act gives little away on what compliance would look like though. Fortunately, the Commission’s AI Office
New York Attorney General, personal data, and SHIELD Act
On March 20, 2025, the New York Attorney General (“NYAG”) announced a settlement with Ohio-based Root Insurance, regarding privacy practices relating to its auto insurance online quoting tool. As part of the settlement, Root agreed to pay $975,000 and to undertake a variety of security measures, including creation of a data inventory, requiring Root to
What do organisations need to disclose to individuals about AI and automated decisions?
Individuals have the right to receive meaningful information about solely automated decisions with significant effects under the General Data Protection Regulation (GDPR). This includes decisions that will impact an individual’s finances or employment. But how much information are individuals entitled to receive? Should they be given the underlying algorithm, or merely a high-level explanation, or
Prohibited practices under the AI Act: Answered and unanswered questions in the Commission’s guidelines
The EU AI Act’s prohibitions came into effect on 2 February 2025 and carry fines of 7% worldwide annual turnover for non-compliance. The prohibitions at Article 5 and accompanying recitals (particularly recitals 28-44) set out a complex set of provisions. The guidelines published by the Commission on 4 February 2025 (the guidelines) were welcome for
Happy Information Governance Day
Happy February 20th and Information Governance Day! Today is an opportunity to reflect on the evolution of information governance and, more importantly, its future. In our view, information governance is in its ascendency and is only becoming more and more important to our clients.
We have been providing legal advice on information governance (IG) to
The Commission’s guidelines on AI systems – what can we infer?
The EU’s AI Act imposes extensive obligations on the development and use of AI. Most of the obligations in the AI Act look to regulate the impact of the specific use cases on health, safety, or fundamental rights. These sets of obligations apply to ‘AI systems’. A tool will fall out of scope of much
CJEU Advocate General clarifies when pseudonymised data falls outside the definition of personal data
On 5 February 2025, the Advocate General of the Court of Justice of the European Union (CJEU) issued its opinion in the case of C 413/23 P European Data Protection Supervisor (EDPS) v Single Resolution Board (SRB) (Opinion). The Opinion takes the view that personal data which has been pseudonymised and shared with a third-party
CSA releases guidance on the use of artificial intelligence in capital markets
On December 5, 2024, the Canadian Securities Administrators (CSA) released CSA Staff Notice and Consultation 11-348 – Applicability of Canadian Securities Laws and the Use of Artificial Intelligence Systems in Capital Markets (the Notice). The Notice was issued in light of the continued growth in the use of artificial intelligence (AI) systems in capital markets,