Navigating the Intersection of Data Scraping and Artificial Intelligence–A Global Data Protection Authorities’ Take

November 18th, 2024 | Posted by Claude-Etienne Armingaud in Artificial Intelligence | Privacy | World - (0 Comments)

In alignment with the ongoing concerns from several European data protection authorities publishing guidelines on data scrapping (i.e., the Dutch DPA, the Italian DPA and the UK Information Commissioner’s Office), the Global Privacy Assembly (GPA)’s International Enforcement Cooperation Working Group (IEWG) recently published a Joint statement on data scraping and the protection of privacy (signed by the Canadian, British, Australian, Swiss, Norwegian, Moroccan, Mexican, and Jersey data protection authorities) to provide further input for businesses when considering data.

The statement emphasizes that:

Even publicly accessible data is subject to privacy laws across most jurisdictions – meaning that scraping activities must comply with data protection regulations requiring a (i) lawful basis for data collection and, (ii) transparency with individuals, including obtaining consent where necessary.

Collecting mass data can constitute a reportable data breach if it includes unauthorized access to personal data.

Relying on platform terms (e.g., Instagram) for data scraping does not automatically ensure compliance as (i) this contractually authorized use of scraped personal data is not automatically compliant with data protection and artificial intelligence (AI) laws, and (ii) it is difficult to determine whether scraped data is used solely for purposes allowed by the contract terms.

When training AI models, it is critical to adhere not only to privacy regulations but also to emerging AI laws as ensuring AI model transparency and data processing limitations is now increasingly expected by privacy regulators.

The sensitivity of this topic underscores the close relationship between data protection and the ever-data-hungry artificial intelligence industry.

First Publication on K&L Gates Cyber Law Watch blog, in collaboration with Anna Gaentzhirt

Once More Ranked Among World’s Best Data Law Firms by Global Data Review

May 5th, 2024 | Posted by Claude-Etienne Armingaud in Non classé | Privacy | Rankings | World - (0 Comments)

Once again, global law firm K&L Gates LLP has been ranked among the world’s 100 leading data law firms by Global Data Review’s GDR 100. The annual list examines law firms’ privacy and data protection capabilities, use of IP and confidentiality laws to protect proprietary data, and the firm’s work on all other personal and non-personal data laws at a global level. 

Nearly two dozen K&L Gates lawyers were recognized in the 2024 GDR 100, including Paris partner Claude-Étienne Armingaud. Other partners leading the practice and identified in the profile include Melbourne partner Cameron Abbott, Seattle partners Shannan Frisbie, Whitney McCollum, David Bateman, and Carley Andrews, Washington, D.C., partner Bruce Heiman, Chicago partner Limo Cherian, London partner Sarah Turpin, and Research Triangle Park partners Gina Bertolini and Leah Richardson.

Clients provided positive feedback of their experience working with K&L Gates’ lawyers stating the team has “deep knowledge of privacy laws and regulations, but they also understand the business impact of their advice. This sets them apart from other firms in the market.”

K&L Gates’ Data Protection, Privacy, and Security practice boasts more than 60 lawyers and professionals with experience in various technologies and methodologies. From assessing risk to incident response, breach, and crisis counseling globally, the team is qualified to handle most data privacy and security compliance issues. The practice also assists with cross-border mergers and acquisitions and specialized services focused on emerging areas such as biometric data compliance and defense.

The full K&L Gates profile can be read at Global Data Review (subscription required).

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The 2024 Lawdragon 500 Leading Global Cyber Lawyers

April 26th, 2024 | Posted by Claude-Etienne Armingaud in Privacy | Rankings | World - (0 Comments)

We are thrilled to share our newest guide – and honor the 500 global cyber lawyers recognized here.

There is little in life or law that isn’t encoiled in the digital world these days. And these are the lawyers who connect it all – data and security, innovation and inspiration, litigation and exploration.

Defining what exactly a leading cyber lawyer is was part of the mission. The core of this guide are the privacy and data security specialists who began forming this practice well over a decade ago as companies experienced data breaches and attorneys scurried to become designated as privacy specialists.

But a deep dive on what lawyers and firms globally consider to be cybersecurity these days uncovered a world robust with former intelligence officers, hackers, government officials learning to parse competition claims regarding data sets, tech dealmakers turned to for their way around cyber protocols as deal points, litigators who defend Big Tech from claims of biometric privacy invasion. Robustly represented are former prosecutors and other government leaders whose portfolios detail vast experience in cyber crime security and prosecution.

Take TikTok as an example of the vast layers of legal regulation, national security, technology and consumer protection embedded in its affairs. We’re fascinated to watch the legal teams assemble to parse demands it be sold.

Specialists in regulation of drones and autonomous vehicles are represented here, alongside the legal world’s leading minds in national security, who guide on often old battles fought with new weapons.

To create this list – our inaugural edition – we weighed nominations, independent research and views of peers. This guide is 39 percent female and 19 percent inclusive. Those noted by an asterisk are esteemed members of our Hall of Fame. 

Source: LawDragons

GDR 100 2024 profile: K&L Gates

April 17th, 2024 | Posted by Claude-Etienne Armingaud in Europe | Non classé | Privacy | Rankings | World - (0 Comments)

K&L Gates’s expertise in data and tech work has recently seen it advise on matters as diverse as AI and machine learning projects’ impact on personal data retention and transparency and the implications of augmented reality make-up applications and smart fragrances. While the firm has some significant tech companies on board, the client base skews more heavily towards advising more traditional industries through digital transformation.
The data protection, privacy and security practice has multiple leaders, reflecting its wide geographic spread.
Claude-Étienne Armingaud in Paris, who is a dual-qualified French and New York lawyer, is a stand-out name: besides GDPR and privacy compliance, he also has extensive experience advising on tech transactions, for example relating to software, blockchain, connected cars and more. Other partners leading the practice are Cameron Abbott in Melbourne; Shannan Frisbie, Whitney McCollum, David Bateman and Carley Andrews in the firm’s Seattle headquarters; Bruce Heiman in Washington, DC; Limo Cherian in Chicago; Gina Bertolini and Leah Richardson in the Research Triangle Park office in North Carolina; and Sarah Turpin in London.

The K&L Gates practice’s senior ranks grew with the addition of San Francisco partner Michael Stortz, who was formerly at Akin Gump. Thomas Nietsch was promoted to the partnership in Berlin. The firm also hired counsel Veronica Muratori in Milan from Withersworldwide; Avril Love in Los Angeles from Tucker Ellis; and Ulrike Elteste in Frankfurt from Covington & Burling.

Client references


“K&L Gates has deep expertise and knowledge in this area and is always responsive. Advice is always timely and well-considered.”


“Collaboration with K&L Gates is always seamless. The team have deep knowledge of privacy laws and regulations, but they also understand the business impact of their advice. This sets them apart from other firms in the market.”

First publication: Lexology GDR100

Acquiring an AI Company

April 14th, 2024 | Posted by Claude-Etienne Armingaud in Artificial Intelligence | Non classé | Press | World - (0 Comments)

A Practice Note highlighting issues to consider when counseling a prospective buyer of an AI company. This Note discusses the primary due diligence issues relating to AI and machine learning (ML) and strategies to mitigate or allocate risks in the context of an M&A transaction. This Note is also helpful for AI company targets that seek to anticipate potential issues. In this Note, the term AI company refers to a company involved in the research, development, or monetization of a product or service that is primarily powered by an ML algorithm or model that creates functionality or utility through the use of AI.

Read the full article on Practical Law, written in collaboration with by Annette Becker, Alex V. Imas, Jake Bernstein, Mark H. Wittow, Melanie Bruneau, Marion Baumann, Kenneth S. Knox, Julie F. Rizzo, Cameron Abbott, Thomas Nietsch, and Nicole H. Buckley.

Gateway to Privacy: Privacy Regulations Are Built on Hope – A Deep Dive Into India’s Digital Personal Data Protection Act

October 27th, 2023 | Posted by Claude-Etienne Armingaud in Non classé | Privacy | World - (0 Comments)

A bit of Jyn Erso to wrap up the week!

New episode of K&L Gates Gateway to Privacy is out, and this time with our first external guest — our dear friend Arya Tripathy joins us with Whitney McCollum and Camille Scarparo for a deep dive into India’s new data protection law, the Digital Personal Data Protection Bill, 2023.

What’s to know, what’s to expect? Listen and find out!

🇫🇷 OneTrust TrustWeek Paris: Charting GDPR – Navigating the EU and global data laws

October 17th, 2023 | Posted by Claude-Etienne Armingaud in Conference | Data Transfer | Europe | Privacy | World - (0 Comments)

Post-Brexit EU businesses have needed to rethink how they approach showing compliance with a host of regulations, managing international data transfers and building trust with data subjects. Having to comply with the GDPR, prepare for other data protection bills, all while continuing to comply with the EU-GDPR as well as a host of global regulations means businesses might look to certification as a common system for adequacy as a one-stop shop, when addressing the overlaps and more crucially closing the gaps on their privacy compliance programs.

Featured speakers:

  • Noshin Khan, Senior Compliance Counsel, Ethics Center of Excellence, OneTrust 
  • Claude-Étienne Armingaud, Partner, K&L Gates

Register here.

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UK Government Approves Adequacy of UK-US Data Bridge

October 4th, 2023 | Posted by Claude-Etienne Armingaud in Data Transfer | Europe | Privacy | World - (0 Comments)

The UK Government has laid adequacy regulations before Parliament that, once in force from 12 October 2023, will permit use of the UK – US “Data Bridge” as a safeguard for personal data transfers from the UK to the US under Article 44 UK GDPR.

The UK – US “Data Bridge,” AKA the UK Extension to the EU – US Data Privacy Framework (Framework), allows UK organisations to transfer personal data to organisations located in the United States that have self-certified their compliance with certain data protection principles and appear on the Data Privacy Framework List. This scheme, administered by the US Department of Commerce, provides a redress mechanism for data subjects in the European Union to enforce their rights under the EU General Data Protection Regulation, in relation to a participating US organisation’s compliance with the Framework, and to US national security agencies’ access to personal data. This new redress mechanism attempts to prevent a challenge to the Framework similar to the Schrems II case, which invalidated the Framework’s predecessor EU – US Privacy Shield. Despite this, the Framework has already been the subject of a short-lived case at the Court of Justice of the EU, and there may be more legal challenges.

Alongside the adequacy regulations, the UK government published an analysis of the US laws relating to US national security agencies’ access to the personal data of European data subjects. This analysis effectively completes the international data transfer risk assessment (TRA), which UK organisations have been required to carry out before transferring personal data to the US. It is likely that UK organisations relying on the other Article 44 UK GDPR safeguards, such as the International Data Transfer Agreement, may also rely on this analysis in place of completing a TRA.

First publication: K&L Gate Cyber Law Watch Blog in collaboration with Noirin McFadden

🇺🇸 Generative AI Legal, Policy and Ethical Considerations

June 27th, 2023 | Posted by Claude-Etienne Armingaud in Artificial Intelligence | Conference | Europe | IT | Privacy | World - (0 Comments)

In this webinar, our lawyers discuss generative artificial intelligence (AI). Fast paced growth in generative AI is changing the way we work and live. With such changes come complex issues and uncertainty. We will address the legal, policy and ethical risks, mitigation, and best practices to consider as you develop generative AI products and services, or use generative AI in the operation of your business.

With Annette Becker, Guillermo Christensen, Whitney McCollum, Jilie Rizzo, and Mark Wittow

If you were not able to join last Tuesday, you can watch the replay below:

Source: K&L Gates Hub

Access the full text of the EU AI Act here.

🇺🇸 Safeguarding the World’s Trust – The Privacy Collective

June 14th, 2023 | Posted by Claude-Etienne Armingaud in Conference | Europe | Privacy | World - (0 Comments)

Speakers:

  • Zelda Olentia, Senior Product Manager, RadarFirst
  • Claude-Étienne Armingaud, CIPP/E, Partner, Data Protection Privacy and Security Practice Group Coordinator, K&L Gates LLP

Air Date: Wednesday 14 June at 1 pm ET / 10 am PT. Replay on demand available here!

Description

Gartner predicts that by the end of 2024, 75% of the world’s population will have its personal data covered under modern privacy regulations. This exponential increase from only 10% global coverage in 2020 raises the stakes for global organizations. The challenge will be to ensure compliance, while safeguarding trust for an unprecedented volume of regulated data.

Join the upcoming live Q&A to learn what’s driving this expansion and how to prepare. You’ll hear from Zelda Olentia, Senior Product Manager at RadarFirst, and special guest, Claude-Etienne Armingaud who is a partner at K&L Gates LLP and a coordinator for the Firm’s Data Protection, Privacy, and Security practice group.

In this session we will cover:

→  What is driving the expansion of privacy regulation?

→  Where are we on this path towards 65% global coverage?

→  How do you scale privacy operations for international privacy laws quickly and effectively before year-end 2024?

Register Now >>