Tech & Sourcing @ Morgan Lewis

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.

This month the European Commission (Commission) is expected to publish the Digital Services Act (DSA), a package of EU legislation intended to modernize the legal framework for digital services in the European Union. The Commission announced the DSA in January 2020 as part of its Shaping Europe’s Digital Future initiative.

New York Governor Andrew Cuomo signed New York State Senate Bill S01475, which reforms New York State law surrounding automatic renewals for consumer contracts, on November 11.

The World Intellectual Property Office (WIPO) held its third “Conversation on Intellectual Property and Artificial Intelligence” on November 4, 2020, to discuss its revised issues paper on Intellectual Property Policy and Artificial Intelligence.

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.

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.

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.