Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
The California Privacy Rights Act of 2020 (CPRA), which expands consumer privacy rights, passed as California Proposition 24 on November 3, 2020.
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.
Contract Corner
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.
Contract Corner
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.
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.
Contract Corner
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.
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.
In a recent post, we addressed 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, and the Platform Accountability and Consumer Transparency Act (PACT), legislation proposed by two US senators that is also aimed at reforming Section 230 of the CDA.
Information Services Group (ISG) reported that the global outsourcing industry is slowly recovering from the industry’s dip in performance during the second quarter of 2020 due to the coronavirus (COVID-19). Data measuring commercial outsourcing contracts with annual contract values (ACV) of $5 million or more show that third-quarter ACV for the global market rose 3% to $14.6 billion.