Tech & Sourcing @ Morgan Lewis

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

Complexity in sourcing transactions relates to the interdependence between the parties executing a program.
Even with the standard independent contractor provision in a Master Services Agreement, when employees of the contractor work at a client's site, there can be a heightened risk for joint employment liability, especially where such employees were hired by the contractor as part of an outsourcing arrangement.
Since the US Supreme Court’s June 21, 2018, decision in South Dakota vs. Wayfair, Inc., many of the 45 sales tax-collecting states have been making moves to put laws and processes in place for tax collections for out-of-state online sales.
More than 1,000 Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2,002 approvals have been granted by the US Department of Homeland Security (DHS) since the act’s inception.
Agile development methodology has shaken up the technology market in recent years. During their webinar, Exploring Agile Development Methodology, our partner, Vito Petretti, and Jon Lightman, a partner with ISG, will discuss the benefits and downsides of this methodology, especially when a service provider is involved in an agile process.