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Articles by Alexander Borovsky
Colorado Department of Law Issues Universal Opt-Out Shortlist Under the Colorado Privacy Act – What to Do Next | JD Supra
The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides clarity on how to respond to certain consumer requests under the CPA (consumers can use such signals to send requests to opt out of a company’s sale of personal data or its use for targeted advertising).
Colorado Department of Law Issues Universal Opt-Out Shortlist Under the Colorado Privacy Act - What to Do Next
The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides clarity on how to respond to certain consumer requests under the CPA (consumers can use such signals to send requests to opt out of a company’s sale of personal data or its use for targeted advertising).
Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence | JD Supra
The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial intelligence (“AI”). This alert focuses on key aspects of the EO with respect to intellectual property (“IP”) and may help inform an organization’s AI-related IP risk mitigation efforts as well as development of relevant internal protocols and guardrails.
The U.S. Executive Order on Artificial Intelligence Is Not Only for Uncle Sam: Key Components of the Executive Order and Potential Impact on the Private Sector
On October 30, 2023, the Biden-Harris Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”) in an effort to advance American leadership and governance with respect to artificial intelligence (“AI”)1. Meanwhile, despite hearings and bills introduced by U.S. lawmakers, Congress has yet to make significant progress on comprehensive AI legislation.
Vendor Management from a U.S. Data Privacy Perspective | JD Supra
Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most time-consuming and complex aspects of data privacy compliance.
Vendor Management from a U.S. Data Privacy Perspective
Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most time-consuming and complex aspects of data privacy compliance.
Basics for Corporate Counsel to Consider About Generative AI | JD Supra
Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate content, and save precious time, which can provide organizations who leverage these tools a significant commercial advantage over those that do not.
Basics for Corporate Counsel to Consider About Generative AI
Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate content, and save precious time, which can provide organizations who leverage these tools a significant commercial advantage over those that do not.
A U.S. Data Privacy Law Update: Data Transfers, Delayed CCPA Regulatory Enforcement, and Data Privacy Laws Galore!
The pace of privacy developments in 2023 has been breathtaking. Since our recent alert regarding Iowa’s comprehensive data privacy law and Colorado’s finalized rules, there have been a number of key developments in data privacy law in the U.S. This article provides a high-level overview of these developments. For any specific questions regarding how these developments may impact your organization, please contact us.
A U.S. Data Privacy Law Update: Data Transfers, Delayed CCPA Regulatory Enforcement, and Data Privacy Laws Galore!
The pace of privacy developments in 2023 has been breathtaking. Since our recent alert regarding Iowa’s comprehensive data privacy law and Colorado’s finalized rules, there have been a number of key developments in data privacy law in the U.S. This article provides a high-level overview of these developments. For any specific questions regarding how these developments may impact your organization, please contact us.
5 Key Takeaways - Navigating the New Data Privacy Landscape | JD Supra
Kilpatrick Townsend’s Meghan Farmer, Alex Borovsky, Jennie Cunningham, and Zain Haq recently presented “Navigating the New Data Privacy Landscape” at an event sponsored by the Association of Corporate Counsel Nation Capital Region Chapter. Blue Cross Blue Shield Association’s Associate General Counsel for Privacy Devi Mehta participated in the presentation. Please see full article below for more information. Download PDF
5 Key Takeaways | Navigating the New Data Privacy Landscape
Kilpatrick Townsend’s Meghan Farmer, Alex Borovsky, Jennie Cunningham, and Zain Haq recently presented “Navigating the New Data Privacy Landscape” at an event sponsored by the Association of Corporate Counsel Nation Capital Region Chapter. Blue Cross Blue Shield Association’s Associate General Counsel for Privacy Devi Mehta participated in the presentation. Companies and their in-house counsel have been preparing for and navigating a significant shift in the data privacy regulatory landscape.
Kilpatrick Townsend’s U.S. Privacy Law Guide: Introduction to State Regulations | JD Supra
While there is no comprehensive, federal United States law governing privacy, there are several major state laws that are currently in place. To help our clients assess their compliance posture, we have published a quick, three-minute survey as well as a legislative guide/e-book designed to provide you with an easy reference to the comprehensive data privacy laws, biometric laws and data broker laws that have been adopted thus far.
Kilpatrick Townsend’s U.S. Privacy Law Guide
March 2023 Kilpatrick Townsend's U.S. Privacy Law Guide Introduction to State Regulations Kilpatrick Townsend U.S. Privacy Law E-Book While there is currently no comprehensive, federal United States law governing data privacy, there are several major state regulations currently in place. We have provided full copies of the comprehensive state privacy laws in this e-book and links to the biometric laws and data broker laws.
Mystic Privacy: Connecticut's New Law Makes it Clearer | JD Supra
May 16, 2022 Alexander Borovsky, John Brigagliano, Jennie Cunningham, Jon Neiditz, Amanda Witt Kilpatrick Townsend & Stockton LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting comprehensive privacy laws of...
2022 - Year of the Privacy Contract Update: Why Changes on Both Sides of the Pond Make Now the Time to Start Updating Your Privacy Contracts | JD Supra
Most New Year’s resolutions can fall by the wayside, but there is one you will need to keep in 2022 – updating your privacy contracts. This year, privacy professionals will need to spend a significant amount of time updating privacy-related contracts to comply with developments in both Europe and the United States. Otherwise, you’ll have your contractual counterparties, or even worse, data protection authorities or attorney generals knocking on your company’s front door. I.
Colorado’s New Comprehensive Privacy Law: a Downhill Effort for the For-Profit Sector. But, Non-Profits, Welcome to the Slopes! | JD Supra
The California Consumer Privacy Act (“CCPA”) and Virginia’s Data Protection Act (“CDPA”) have created a snowball effect, encouraging Colorado to be the third state to enact comprehensive data privacy legislation. On July 7, Colorado governor Jared Polis signed the Colorado Privacy Act (the “CPA”) into law. The CPA will take effect July 1, 2023, which will be six months after the California Privacy Rights Act (an update to the CCPA) and the CDPA become effective.
Better Than Santa Clauses? New and Improved Standard Contractual Clauses (SCCs)! And a form DPA! | JD Supra
Long-awaited SCCs for EU Data Transfers Adopted by European Commission with 18-month Transition Period The EU has a cross-border data transfer framework gift for you! On June 4, 2021, the European Commission (“EC”) adopted two sets of standard contractual clauses (“SCCs”) that businesses may use as a tool to comply with European cross-border data transfer requirements for transferring data outside of the European Economic Area (“EEA”), and as a controller-processor data processing agreement...
Pitfalls To Avoid When Drafting And Enforcing NDAs | Lexology
Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific business purpose or the transaction risk at hand, which can lead to challenges in court and detrimental outcomes, including loss of protection for valuable information or undue restrictions on the recipient's ability to pursue business interests.
Pitfalls To Avoid When Drafting And Enforcing NDAs
Law360 (June 4, 2021, 1:35 PM EDT) -- Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific business purpose or the transaction risk at hand, which can lead to challenges in court and detrimental outcomes, including loss of protection for valuable information or undue restrictions on the recipient's ability to pursue business interests.
Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA | JD Supra
Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”), its rigid opt-in requirements for commercial text messaging, and the thousands of cases and millions of dollars in fines and settlements paid out for TCPA violations.
Cross-Border Data Transfers: Spain's Data Protection Authority Imposes Its Largest Fine | JD Supra
On March 11, 2021, the Spanish Data Protection Authority (“AEPD”), imposed the regulator’s largest ever fine, totaling €8.15 million ($9.378 million), upon Vodafone España, S.A.U (“Vodafone”), a telephone operator, for violating multiple data protection laws while Vodafone carried out marketing campaigns. Most notably, it penalized Vodafone for non-compliant data transfers.
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