Maneesha Mithal

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On July 10, 2023, the European Commission (EC) adopted an adequacy decision in relation to the EU-U.S. Data Privacy Framework (DPF). This paves the way for organizations to certify to the DPF, reducing friction for transfers of personal data from the EU to the U.S., and allowing companies to simplify their compliance with EU data flow restrictions. It thus represents a major development in the regulation of data flows from the EU to the U.S.Continue Reading EU and U.S. Finalize Data Privacy Framework: Here’s How to Get Certified

On June 16, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order) with genetic testing company Vitagene, Inc., now known as 1Health.io (1Health.io), for allegedly misrepresenting its security and privacy practices regarding its data storage, deletion, and usage. The FTC also alleged that the company unfairly changed material privacy policy disclosures without obtaining affirmative consumer consent.Continue Reading FTC Announces Proposed Settlement with 1Health.io Genetic Testing Firm for Privacy and Security Violations

The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription services should take note. In addition to increased activity by federal and state regulators regarding subscription services, plaintiff firms representing consumers remain incredibly active in filing lawsuits and demanding substantial settlement payments when customer-facing sites do not strictly comply with the emerging requirements for subscription-based services.Continue Reading FTC Alleges Amazon Prime Subscription and Cancellation Screens Violate Federal Law

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of personal data between the two countries (the “Data Bridge”).Continue Reading UK and U.S. Commit to Establish a “Data Bridge” to Facilitate the Free Flow of Personal Data

Generative AI (GenAI) has been at the top of the headlines lately, transforming fields as varied as journalism, marketing, and gaming, boosting productivity and profitability, and performing functions previously limited to humans. Recent projections suggest that the global GenAI market will increase to over $100 billion annually by 2030. A previous Wilson Sonsini alert on GenAI covered a wide range of issues, such as breach of contract, confidentiality, copyright, ethics, European Union laws and regulations, licensing, securities laws, trade secrets, and reputational considerations. Another previous alert addressed legal requirements for mitigating bias in AI systems more generally. This alert drills down on U.S. privacy and consumer protection considerations associated specifically with GenAI.Continue Reading Generative AI: Privacy and Consumer Protection Considerations