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[…] of tort, product liability, consumer protection, and data protection laws.  In this first post of a multi-part blog post series, we introduce that there is a distinction between two trends: “personalization” and “personality.” Both have real-world uses, and subsequent blog posts will unpack these in greater detail and explore concrete risks, and potential risk […]

[…] of their risk classification. For AI systems in general, Brazil’s proposal includes:  The right to prior information about an interaction with an AI system, in an accessible, free of charge, and understandable format.  The right to privacy and the protection of personal data, following the Lei Geral de Proteção de Dados Pessoais (LGPD) and […]

[…] While data-driven pricing legislation is generally intended to protect consumers, some approaches may unintentionally block practices that consumers enjoy and rely on. There is a large delta between common and beneficial price-adjusting practices like sales on one hand, and exploitative practices like price gouging on the other, and writing a law that draws the […]

[…] data: the movement of a computer mouse or use of a smartwatch may technically constitute, under certain definitions, neural data. As such, there is a significant difference between laws that cover both CNS and PNS data, and those that only cover CNS data. Connecticut SB 1295 is the lone current law that applies solely […]

[…] The future of the digital economy will be shaped by the trajectory of cross-border data transfers: There is a tension, both in the APAC region and globally, between the rise of restrictive data transfer requirements, and the fact that data transfers are essential for the digital economy and the development of high-quality AI systems.  […]

[…] has a defined testing time period, which could be as short as three months or as long as two years. During that period, there is regular engagement between the regulator and sandbox participants, although the cadence and scope depends on the sandbox and the supervisory body. Post-sandbox reporting: At the end of the sandbox […]

[…] are arguably more expansive, as they do not provide an exception (as does the GDPR) for breaches unlikely to result in a risk to the rights and freedoms of natural persons. 2.7. The amendments replace the PDPA’s restrictive former whitelisting data transfers approach with a more flexible cross-border data transfer regime Prior to the […]

[…] our FPF Members Portal. The post begins by exploring the Act’s core provisions in detail, before placing the Act in a global context by drawing detailed comparisons between the Act and two other pioneering omnibus AI regulations: (1) the European Union (EU)’s AI Act, and South Korea’s Framework Act on AI Development and Establishment […]

[…] (2) factors to determine when a secondary use is a “material new purpose.” These factors include the consumer’s reasonable expectations at the time of collection, the link between new purpose and the original purpose, potential impacts on the consumer, the consumer-controller relationship and the context of collection, and potential safeguards. These factors are inspired […]

[…] Article 1 of the LGPD identifies the objective of the law as ensuring the processing of personal data protects the fundamental rights of freedom, privacy, and the free development of personality.3 At the same time, Article 2 of the LGPD recognizes data protection is “grounded” on economic and technological development and innovation.  The study […]