Tech & Sourcing @ Morgan Lewis

Following the US Department of Justice’s recent recommendations to reform Section 230 of the Communications Decency Act (CDA) to provide incentives for online platforms to address illicit material on their platforms, two US senators have proposed the Platform Accountability and Consumer Transparency Act (PACT), legislation aimed at reforming Section 230 of the CDA.

In an ideal outsourcing relationship, technology transformation through innovation, continuous improvement, and future project work is never really “over.”

Earlier this month, we discussed the significance of the transformation workstream in outsourcing transactions and outlined important topics and points to consider when documenting the overall transformation methodology exhibit.

The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus (COVID-19) pandemic and related disruptions to compliance efforts, the California state attorney general issued a press release on June 2 stating, “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”

Transition services agreements (TSAs) are often an integral part of a transaction when a buyer or a seller needs to use the other’s services, infrastructure, or resources for an agreed-upon period of time after an acquisition.

In April, we shared a LawFlash Outsourcing and Managed Services Agreements During COVID-19: Our Perspective. With the continued and unprecedented impact of the coronavirus (COVID-19) pandemic on business operations, we thought it would be timely to provide a brief update on five top-of-mind issues that we are addressing with outsourcing and managed services clients.

Transformation is often a critical component of outsourcing and managed services transactions. The transition of core or non-core functions to a third-party provider can provide an opportunity for the customer to leverage the service provider’s expertise and experience to transform its underlying systems to more modernized and flexible technology.

In case you missed it, the Morgan Lewis COVID-19 Legal Issue Compendium provides an overview of our firm’s key publications covering the legal and regulatory landscape relating to the coronavirus (COVID-19) pandemic.

The German Federal Court of Justice (BGH) ruled on May 28 that an opt-out for cookies settings is inadmissible under German law under Section 15(3) of the German Telemedia Act (TMG) in conformity with the ePrivacy Directive (press release of the BGH; available only in German).

As the digital landscape in the United States evolves, federal courts are reexamining federal cybersecurity laws enacted during an era before individuals, companies, and the government had easy access to computers and the internet.