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The Future of Data Protection Enforcement: It’s Hammer Time!
The landscape of data protection and privacy continues to expand, and with that expansion comes increased scrutiny and the promise of increased enforcement. 2025 will mark a convergence of the proliferation of artificial intelligence, a growing understanding of and desire to exercise consumer rights and protections and new legislation, meaning increased regulatory enforcement is inevitable. Organizations will likely need to expand current privacy compliance protocols sooner rather than later; the new year means increased data protection obligations and stronger penalties for noncompliance. This article explores the impending new legislative landscape, what increased enforcement may look like and how companies can prepare for optimal compliance.
Key Factors Driving Increased Enforcement
Advancing Technology: Artificial IntelligenceAI systems are becoming more advanced and more intermingled with human life. These solutions are processing massive amounts of personal data from various sources, automatically in most cases. Numerous ingestion points and the volume of data required for AI functionality have caused concerns around the collection and application of personal data in AI systems. AI’s complex data processing capabilities make it difficult to establish and exercise data subject rights. Regulators have developed enforcement strategies to ensure required consents, opt-in/opt-out options, limited data access and enhanced transparency in data usage, and the risks to individuals are baked into compliance processes from end to end.
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.