TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
Please join us for our Artificial Intelligence Boot Camp series, beginning November 1, 2022, as we explore the impact of artificial intelligence (AI) across industries. Our presenters will cover a wide range of topics, including contracting for AI in digital transformation, key issues in AI patents and copyrights, digital health, ethics, and more.
As we all try to keep up with the Metaverse and as the healthcare system wilts under a data deluge, the convergence of realities in a shared online space is not merely a chance for practitioners and patients to find each other and interact in new ways, it’s also a rare opportunity to help a new paradigm sprout. The answers to detangling some sticky wickets of Health 2.0, like ensuring efficient, secure communications and exchanges between participants, may share a common thread: clear out (not just debug) the cobwebs and flip the crypt.
Contract Corner
As we discussed in Part 1 of this blog series, many SaaS providers are seizing opportunities to expand their offerings and become a go-to marketplace or network, but their original contract terms and procedures often don’t fit their evolving business models.
Contract Corner
As more and more SaaS providers, in digital health, fintech, and other industries, look for ways to integrate with and offer third-party applications (in their quest for powerful network effects), they eventually reach a point where the reality contemplated by their original standard terms and the world (or metaverse) of their now-envisioned business model diverge.
Spotlight

As we start 2022, as part of our Spotlight series, we connect with Reece Hirsch, the co-head of Morgan Lewis’s privacy and cybersecurity practice, to discuss the recent policy statement issued by the US Federal Trade Commission regarding the Health Breach Notification Rule and how it applies to health app developers that handle consumers’ sensitive health information. Our Tech & Sourcing @ Morgan Lewis blog also published a summary of the policy statement.

According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16 CFR Part 318, and therefore are required to notify consumers and others when their health data is breached.

As the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. A recent report, Digital Health Trends 2021: Innovation, Evidence, Regulation, and Adoption, offered by the IQVIA Institute for Human Data Science, looks at the proliferation of digital health tools, recent innovations in the market, and contributions and barriers to their adoption.

When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and analysis services, or a more complex collaboration, the parties should consider the following.
Maryland enacted a state tax on digital advertising gross revenues on February 12, after overriding the governor’s veto. The passed law, which is the first of its kind in the United States, imposes “a tax on certain annual gross revenues derived from certain digital advertising services in the State” and requires those whose revenues will meet a revenue threshold to complete and file with the state comptroller a specific tax return to reflect such position. Failure to pay such taxes as required could result in interest owed on such unpaid taxes or criminal penalties for failing to file or falsely filing a return.