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

The World Intellectual Property Office (WIPO) held its third “Conversation on Intellectual Property and Artificial Intelligence” on November 4, 2020, to discuss its revised issues paper on Intellectual Property Policy and Artificial Intelligence. This session identified the following issues:

  1. Defining artificial intelligence (AI) and future-proofing its definition as the technology evolves, exploring what is AI inputted and AI generated.
  2. The impact of AI on trademarks and the implications of human perception to determine registration and infringement of trademarks.
  3. The role of intellectual property (IP) policy in bridging the capacity gap.
  4. The policy implications of using AI in IP administration.

The California Privacy Rights Act of 2020 (CPRA), which expands consumer privacy rights, passed as California Proposition 24 on November 3, 2020. The CPRA expands the existing California Consumer Privacy Act by creating additional consumer privacy rights, such as new rights for personal information correction, expanded rights for personal information deletion, and new personal data retention and proportionality requirements. It also establishes the California Privacy Protection Agency as California’s privacy regulator.

Most of the CPRA’s provisions will become operative on January 1, 2023, and will apply to personal information collected by businesses on or after January 1, 2022. The CPRA will be enforced beginning July 1, 2023.

Please see our recent LawFlash about the CPRA, and reach out to the LawFlash authors or your Morgan Lewis contacts if you have additional questions.

Please join us on November 19 for a webinar discussing the recent Court of Justice of the European Union landmark Schrems II judgment invalidating the EU-US Privacy Shield. This webinar is especially topical after the European Commission published draft new Standard Contractual Clauses on November 12 and the European Data Protection Board published its recommendations on data transfer safeguards on November 11.

Morgan Lewis partners Robert C. Bertin and Andrew J. Gray IV and Morgan Lewis special legal consultant Dr. Axel Spies will speak at the event.

We hope you will join us on Thursday, November 19, 2020 from 12:00 to 1:00 pm ET.

Register for the webinar now >>

You signed a deal with the US subsidiary of an India-based service provider, and the Indian parent issued a guaranty. Several years later, you are now amending the original master services agreement (MSA) to add to the scope or extend the term, and you are faced with the question of whether you need the guarantor to reconfirm that the guaranty continues in effect to the MSA, as amended— the best course of action is that you do.

When a company desires to develop technology, it has two options: develop the technology in-house by its employees, or contract with a third-party developer to develop the technology. Any time a company contracts with a third party to develop technology for the company, one of the key issues in the agreement should be allocation of intellectual property ownership.

The UK Information Commissioner’s Office (ICO) has recently handed down two of the largest fines relating to a data breach in UK history.

In August 2018, British Airways (BA) was subject to a cyberattack which breached the personal data of nearly 500,000 individuals, contravening the General Data Protection Regulation (GDPR). As Morgan Lewis reported in July 2019, the ICO initially filed a Notice of Intent to fine BA £183m ($227.5 million) – the equivalent of 1.5% of BA’s annual global turnover in 2017.

Please join us on November 11 for a webinar discussing Russian privacy laws. Technology, outsourcing, and commercial transactions partners Anastasia Dergacheva and Ksenia Andreeva will discuss privacy regulations worldwide and trends for 2021, with a focus on Russian privacy law. Topics will include:

  • Processing health-related data and new challenges
  • Transition to remote working environment, and how it impacts privacy regulations
  • Compliance with Russian data localization rule and a 2020 court practice update
  • Pre-coronavirus (COVID-19) and COVID-19-related legislative initiatives in the data privacy field, and what to expect in 2021

The webinar will take place on Wednesday, November 11, 2020, from 10:00–11:00 am ET.

Register for the webinar now >>

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued an advisory to remind US businesses about some aspects of ransomware scams and attacks. The advisory addresses (1) the process of making ransomware payments; (2) trends in ransomware attacks; (3) “financial red flag indicators” of ransomware activity; and (4) how to report and share information related to ransomware attacks. In the advisory, FinCEN used information from its analysis of cyber- and ransomware-related Bank Secrecy Act data, open source reporting, and law enforcement partners.

The use of aggregated data by technology service providers is quite common in today’s landscape, and something that even traditionally cautious customers have become amenable to in the right circumstances and subject to proper limitations. As widespread adoption of artificial intelligence (AI) technology continues, providers and customers of AI solutions should carefully consider the proper scope of aggregated data use in the design and implementation of the AI solutions.

An annual survey found that the coronavirus (COVID-19) pandemic has influenced decisions made by state chief information officers (CIOs) in 2020 in all areas addressed by the survey. The 2020 State CIO Survey (the Survey) released by the National Association of State Chief Information Officers, Grant Thornton Public Sector LLC and CompTIA (Sponsoring Organizations) was conducted several weeks after the start of COVID-19 and includes the responses from 47 state and territory CIOs.