Tech & Sourcing @ Morgan Lewis

The United Kingdom’s Digital Regulation Cooperation Forum (DRCF) on March 10 announced in its 2021–2022 workplan that the UK Financial Conduct Authority (FCA) will join as a full member from April 1, 2021.

If you have been involved with SaaS agreements or agreements that are for, or are enabled by, cloud services, you have seen or even drafted provisions relating to the right to use data processed on or generated through the use of the cloud platform.

In November 2020, Massachusetts voters approved Question One, a ballot initiative amending the Commonwealth’s 2012 Right to Repair Law. The amendment provides that motor vehicles sold in Massachusetts “with model year 2022” will be required “to equip any such vehicles that use telematics systems – systems that collect and wirelessly transmit mechanical data to a remote server – with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application.”

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process.

The European Commission (Commission) published draft Article 28 standard contractual clauses (Article 28 Clauses) last month for use between controllers and processors when processing personal data in the European Union. Somewhat confusingly, these clauses share the same name as the new Standard Contractual Clauses for personal data transfers out of the EEA, which were also published in November 2020; however, the two are distinct.

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.

In response to the coronavirus (COVID-19) pandemic, technology companies and public health authorities around the world have been developing contact tracing apps as a way to track and thus slow the spread of the virus. Implementation of those apps, however, can raise privacy and cybersecurity considerations.

The California state attorney general issued a press release on August 14 stating that the Office of Administrative Law (OAL) has approved the California Department of Justice’s regulations regarding the California Consumer Privacy Act (CCPA) and filed them with the California secretary of state, making the regulations effective immediately.