Artificial Intelligence

The “market” for AI contracting terms continues to evolve, and whilst there is no standardised approach (as much will depend on the use cases, technical features and commercial terms), a number of attempts have been made to put forward contracting models. One of the latest being from the EU’s Community of Practice on Public Procurement of AI, which published an updated version of its non-binding EU AI Model Contractual Clauses (“MCC-AI”) on March 5, 2025. The MCC-AI are template contractual clauses intended to be used by public organizations that procure AI systems developed by external suppliers.  An initial draft had been published in September 2023.  This latest version has been updated to align with the EU AI Act, which entered into force on August 1, 2024 but whose terms apply gradually in a staggered manner.  Two templates are available: one for public procurement of “high-risk” AI systems, and another for non-high-risk AI systems. A commentary, which provides guidance on how to use the MCC-AI, is also available.Continue Reading EU’s Community of Practice Publishes Updated AI Model Contractual Clauses

Kenya has released its first National Artificial Intelligence Strategy (2025–2030), a landmark document on the continent that sets out a government-led vision for ethical, inclusive, and innovation-driven AI adoption. Framed as a foundational step in the country’s digital transformation agenda, the strategy articulates policy ambitions that will be of…

Continue Reading Kenya’s AI Strategy 2025–2030: Signals for Global Companies Operating in Africa

On February 4, 2025, the Japanese Government announced its intention to position Japan as “the most AI-friendly country in the world”, with a lighter regulatory approach than that of the EU and some other nations.  This statement follows: (i) the Japanese government’s recent submission of an AI bill to Japan’s Parliament, and (ii) the Japanese Personal Data Protection Commission’s (“PPC”) proposals to amend the Japanese Act on the Protection of Personal Information (“APPI”) to facilitate the use of personal data for the development of AI.Continue Reading Japan Plans to Adopt AI-Friendly Legislation

State lawmakers are considering a diverse array of AI legislation, with hundreds of bills introduced in 2025.  As described further in this blog post, many of these AI legislative proposals fall into several key categories: (1) comprehensive consumer protection legislation similar to the Colorado AI Act, (2) sector-specific legislation on automated decision-making, (3) chatbot regulation, (4) generative AI transparency requirements, (5) AI data center and energy usage requirements, and (6) frontier model public safety legislation.  Although these categories represent just a subset of current AI legislative activity, they illustrate the major priorities of state legislatures and highlight new AI laws that may be on the horizon.Continue Reading State Legislatures Consider New Wave of 2025 AI Legislation

This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”).  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024

On July 9, 2024, the FTC and California Attorney General settled a case against NGL Labs (“NGL”) and two of its co-founders. NGL Labs’ app, “NGL: ask me anything,” allows users to receive anonymous messages from their friends and social media followers. The complaint alleged violations of the FTC Act, the Restore Online Shoppers’ Confidence Act (ROSCA), the Children’s Online Privacy Protection Act (COPPA), and California laws prohibiting deceptive advertising and prohibiting unfair and deceptive business practices.Continue Reading FTC Reaches Settlement with NGL Labs Over Children’s Privacy & AI

On April 22, 2024, the European Federation of Pharmaceutical Industries and Associations (“EFPIA”) issued a statement on the application of the AI Act in the medicinal product lifecycle. The EFPIA statement highlights that AI applications are likely to play an increasing role in the development and manufacture of medicines.  As drug development is already governed by a longstanding and detailed EU regulatory framework, EFPIA stresses that care should be taken to ensure that any rules on the use of AI are fit-for-purpose, adequately tailored, risk-based, and do not duplicate existing rules.  The statement sets forth five “considerations”:Continue Reading EFPIA Issues Statement on Application of the AI Act in the Medicinal Product Lifecycle

On April 3, at the International Association of Privacy Professionals’ global privacy conference, California Privacy Protection Agency (“CPPA”) Executive Director Ashkan Soltani gave remarks on his agency’s priorities with respect to rulemaking and administrative enforcement of the California Consumer Privacy Act (“CCPA”).  Below we provide a few key takeaways:Continue Reading CPPA Executive Director Remarks on Policy and Enforcement Priorities

Earlier this week, Members of the European Parliament (MEPs) cast their votes in favor of the much-anticipated AI Act. With 523 votes in favor, 46 votes against, and 49 abstentions, the vote is a culmination of an effort that began in April 2021, when the EU Commission first published its proposal for the Act.

Here’s what lies ahead:Continue Reading EU Parliament Adopts AI Act

On January 30, 2024, the U.S. Office of Management and Budget (OMB) published a request for information (RFI) soliciting public input on how agencies can be more effective in their use of privacy impact assessments (PIAs) to mitigate privacy risks, including those “exacerbated by artificial intelligence (AI).”  The RFI notes that federal agencies may develop or procure AI-enabled systems from the private sector that are developed or tested using personal identifiable information (PII), or systems that process or use PII in their operation.  Among other things, the RFI seeks comment on the risks “specific to the training, evaluation, or use of AI and AI-enabled systems” that agencies should consider in conducting PIAs of those systems. Continue Reading OMB Publishes Request for Information on Agency Privacy Impact Assessments