Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

As lawmakers, policymakers, tech companies, and other data collectors try to determine how much access and control of consumer data is appropriate or acceptable, and how much notice and choice consumers should have, consumers will ultimately be the arbiter of such access and use.

Open source programs are becoming a best practice in the technology, telecom/media, and financial services industries.
When an inventor of technology who is also a university employee wants to commercialize university-developed technology, it is customary for the university and the inventor to “spin out” the technology via a license agreement to a newly created company (a licensee company) that sets forth the terms of the license, including any necessary milestones for advancing the technology, restrictions on the use of the technology, and the royalties and other financial terms applicable to the licensing and commercialization of the technology.
Executive Order 13873 was issued on May 15 with the goal of “Securing the Information and Communications Technology and Services Supply Chain.”
In this Contract Corner, we are highlighting considerations for drafting sublicense provisions in the context of an Intellectual Property License.
Internet-connected devices contributing to the Internet of Things (IoT) are projected to exceed 50 billion devices by 2025, according to the Federal Trade Commission’s Bureau of Consumer Protection in its June 2018 comments on the Consumer Product Safety Commission’s notice of public hearing and request for written comments on “The Internet of Things and Consumer Product Hazards.”
The European General Data Protection Regulation (GDPR) took effect in May 2018, requiring companies that handle or process EU residents’ personal information to conform to practices that seek to more fully protect consumer sensitive information.
In this month’s Contract Corner, we are highlighting considerations for drafting an up-to-date privacy policy.

The New York State Assembly on June 17 passed the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, following approval in the State Senate on June 5. If signed into law, the SHIELD Act would modernize New York’s current laws governing data breach notification and data security requirements with the intention of providing greater protection for consumer's private information, while holding companies accountable for providing such protections.

Drafting and posting a clear, concise, and accurate privacy policy is one of the most important tasks when creating a company’s website, particularly given today’s legal and regulatory environment. Privacy policy legal requirements are becoming more stringent and shortcomings less tolerated, and consumer sensitivity to privacy concerns are at an all-time high.