Washington State’s My Health My Data Act FAQ, Part Two – Requirements 

In Part Two of our FAQ series on Washington state’s My Health My Data (MHMD) Act, we answer questions related to some of the act’s substantive requirements. As we explained in our previous FAQ, given the MHMD’s breadth – both to which entities and data it applies – regulated entities […]

Digital Health and Connected Device Companies Be on Alert: FTC Continues to Focus on Consumer Health Information in Recent Enforcement Action

In the post-Roe era, the federal government and state governments continue to focus on consumer digital health privacy. On May 17, 2023, the Federal Trade Commission (FTC) announced a settlement with Easy Healthcare Corporation (ECH) related to its Premom Ovulation Tracker mobile application. The settlement is reflected in the terms […]

Washington State’s My Health My Data Act FAQ, Part One – Applicability and Scope

In this multipart FAQ series, we break down Washington state’s My Health My Data (MHMD) Act (the “MHMD Act” or “Act”). The MHMD Act is arguably one of the most stringent privacy laws in the US, and it further complicates the already byzantine US-patchwork approach to privacy. While the MHMD […]

European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation (GDPR) does not automatically lead to compensation for damages; compensation for nonmaterial damage does […]

FTC Warns to ‘Keep Your AI Claims in Check’ in New AI Guidance

On February 27, 2023, the US Federal Trade Commission (FTC) published new Business Blog guidance from Division of Advertising Practices staff about marketing claims for artificial intelligence products. While prior FTC AI guidance focused on the need to avoid using automated tools that have biased or discriminatory impacts, the latest […]

China Releases Standard Contract for Cross-Border Transfer of Personal Information

On February 24, 2023, the Cyberspace Administration of China (CAC) released the final version of the Measures on the Standard Contract for the Cross-Border Transfer of Personal Information, accompanied by a standard contract as a schedule. The measures will take effect on June 1, 2023, and provide a six-month grace […]

CJEU Clarifies Whether Data Protection Officers Can Perform Other Roles or Be Dismissed

On February 9, 2023, the Court of Justice of the European Union ruled in two decisions (C-453/21 and C-560/21) that a data protection officer (DPO) may have other duties within their role if there is not a conflict of interest. The CJEU also found that national provisions that allow for the […]

Digital Services Act: Online Platforms, Do Your Homework Before it’s too Late

The Digital Services Act (DSA) entered into force on November 16, 2022. This new European regulation builds on the Electronic Commerce Directive to strengthen the moderation obligations of online platforms regarding illegal content, such as racism, child pornography, counterfeiting and disinformation. Among various obligations, online platforms must remove illegal content […]

UK Information Commissioner’s Office Publishes Details of Reprimands

On 6 December 2022, the UK Information Commissioner’s Office (ICO) announced that it would publish details of all future reprimands, including those issued from January 2022 onwards, ‘unless there is a good reason not to’. This is part of the ICO’s new strategic approach to regulatory action. The ICO hopes […]

US Expands Artificial Intelligence Guidance with NIST AI Risk Management Framework

Key takeaways On January 26, 2023, the US Commerce Department’s National Institute of Standards and Technology (NIST) published the Artificial Intelligence Risk Management Framework (AI RMF). The AI RMF is a voluntary resource designed to aid a variety of actors in the artificial intelligence sphere – such as technology companies […]