DLA Piper

The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process. The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include the introduction of: A statutory tort for serious invasions of privacy, which has previously been referred to as filling an “increasingly conspicuous gap” in Australian law regarding the rights and remedies available to individuals following a…

Cyber regulation is changing in Australia. As governments globally grapple with the everchanging and increasingly challenging cyber landscape, Australia is poised to implement new laws and update existing regulation in order to enhance Australia’s cyber security and resilience. These changes fall within the framework established by the 2023-2030 Australian Cyber Security Strategy, which aims to make Australia a world leader in cyber security by 2030. Scam Code Act In light…

In March 2024, the Council of the European Union and the European Parliament reached a deal on a provisional agreement for the European Health Data Space (“EHDS”) regulation as part of the broader EU data strategy. The Council of the European Union published the compromise text of this agreement as a work-in-progress, providing insights into the forthcoming regulation and its implications. What is the EHDS about In a nutshell, the…

The Federal Trade Commission (“FTC”) is taking bold actions to challenge business’s collection and monetization of consumers’ personal data—particularly sensitive personal data. This month, the FTC reached settlements with a data broker, X-Mode Social and its successor Outlogic LLC (“X-Mode”), and an alcohol addiction treatment firm, Monument Inc. (“Monument”), for, among other things, allegedly selling and/or sharing sensitive personal data to or with third-party advertising firms, without consent and contrary…

Data classification and grading is an obligation that each data handler must comply with under the Chinese data protection laws. Data handlers have been waiting for clear requirements and standards on how to carry out the relevant work. The newly published national standard GB/T 43697-2024 Data Security Technology – Rules for Data Classification and Grading sheds light in this area. Basic rules As a general principle, sectoral authorities shall publish…

Following the threat of significantly larger penalties since 2018 (the enhanced fines under the General Data Protection Regulation as compared to the legislation that went before), companies have asked us time and time again, “what is my financial risk for data protection non-compliance in the UK?” The publication of the Information Commissioner Office’s new fining guidance offers some clarity on this question; including a published methodology the ICO will use…

In 2010, Congress included a provision in the Consumer Financial Protection Act (CFPA) requiring that the Consumer Financial Protection Bureau (CFPB or Bureau) promulgate rules effectuating what is commonly referred to as “Open Banking.”   Specifically, the rules would require any entity that engages in offering or providing a consumer financial product or service to make available information concerning the financial products or services that the consumer received from the entity.…

With 2023 having come to an end, the fast-paced changes to the China data protection regime throughout the year are continuing well into Q1 2024. Author: Venus Cheung, Carolyn Bigg, Amanda Ge, Gwyneth To As well as a near finalisation of the different routes to legitimise cross-border data transfers, the Cyberspace Administration of China (“CAC”) has begun to direct its efforts into harmonising its data compliance requirements across regions, as well as other…

Following the passing of the long-awaited Personal Data Protection Law (“PDPL”) in Indonesia, on 31 August 2023, the Ministry of Communications and Information Technology published the draft government regulation (“Draft Regulation”) on the implementation of the PDPL for public consultation. The public consultation will close on 14 September 2023. The Draft Regulation is expected to come into effect in October 2024. Summary of the key themes of the Draft Regulation:…

Ofcom has opened a consultation that sets out proposals for new rules and guidance in relation to roaming and inadvertent roaming. Ofcom’s newly proposed rules seeks to bolster customer protection, with rules proposing that UK mobile customers must be notified in a clear, comprehensible and accurate notification about any roaming charges that apply to them when travelling abroad. The consultation closes on 28 September 2023. On 20 July 2023, Ofcom…

Formula 1’s largest ticket operator, Platinum Group, made a ground-breaking move in the auto-racing industry by introducing NFT ticketing for their upcoming events, starting with the Monaco Grand Prix earlier this summer. This movement follows in the recent footsteps of other industries and companies by exploring opportunities in the digital technology space. What are NFT tickets? NFTs are unique tokens stored on the blockchain. When a customer buys a ticket…

On 13 July 2023, China’s Cyberspace Administration of China (CAC) and six other regulators have jointly passed the Interim Measures for the Management of Generative Artificial Intelligence Services (GenAI Measures) which come into force on 15 August 2023. The new law, which is the first of its kind in Asia, follows from previous draft measures released earlier this year. The new rules contain several notable changes which provide more clarity…

More than half a year since the public launch of ChatGPT in late 2022, AI and generative AI remains a hot topic all around the globe. Companies and businesses of all sizes and from all regions are still looking for ways AI can help them deliver better products and services, but many are facing the same question – what are my regulatory compliance obligations? The answer at this stage really…

“How will this affect my job?” “It could never do my job!” We hate to disagree, but it is almost certainly the case that at least part of your current role could be performed by an AI. The discussion of the possible impact of AI on the workforce is being played out in many places. AI’s impact on the world of work has an enormous number of possible legal implications,…

The Chilean parliament has begun to discuss a Bill aimed at incorporating legal and ethical issues into the creation, distribution, commercialization, and use of artificial intelligence (AI). It also attempts to ensure a balance that guarantees the protection of citizens’ fundamental rights without unduly hindering or preventing the development of and access to these technologies. The Bill was developed based on Europe’s 2021 Artificial Intelligence Act and also draws on…