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Following a five-year legislative process, India’s Digital Personal Data Protection Act (DPDP) received presidential assent on 11 August 2023. Practically speaking, the DPDP is not yet enforceable as the government still needs to establish the Data Protection Board of India (Board), which will serve as the enforcement authority for the law. The Board, in turn, must implement certain legally binding rules before the DPDP becomes fully operational.

In June 2023, the Office of the Privacy Commissioner for Personal Data issued an updated Guidance on Data Breach Handling and Data Breach Notifications (“Guidance”). The Guidance updates a non-binding, end-to-end framework for data users to tackle data breaches, including recommended elements that go into a data breach response plan, questions that need to be addressed in the course of investigating a data breach incident, how to make a data breach notification and tips for preventing recurrence of data breaches.

Baker McKenzie is pleased to invite you to a morning breakfast symposium exploring the legal ramifications of the Artificial Intelligence (AI) revolution on 11 October 2023 at 8:00 to 10:30 am ET. This event is ideal for corporate counsel and senior leaders responsible for managing the risks and leveraging the opportunities of the AI revolution, and for those wishing to learn more. It will take place in our Toronto office.

Over the past few years, regulators around the world have stepped up enforcement of privacy laws that protect minors online. All companies that offer online services may find themselves in possession of minors’ personal data. And so, companies that take part online should consider some general recommendations, especially in light of the growing body of youth online privacy and safety laws.

In conjunction with the presidential election on 1 September 2023, the Elections Department (ELD) has updated its “Advisory Guidelines on the Application of the Personal Data Protection Act to Election Activities” on 28 July 2023.
Separately, on 31 July 2023, the ELD issued an advisory to candidates and political parties on potential cyberthreats and the corresponding preventive measures.

The recent proliferation of artificial intelligence (AI) tools, particularly generative AI tools, has brought these questions to the forefront of ongoing conversations about the role that AI will play in the marketplace. As an advocate for and enforcer of consumer protection laws, the US Federal Trade Commission recently offered reminders and recommendations for companies offering digital products and AI tools.

On 22 July 2023, the Competition and Consumer (Consumer Data Right) Amendment Rules (No. 1) 2023commenced. The amending rules enhance the existing Consumer Data Right (CDR) regime for business consumers by improving access to and use of CDR data for businesses and enabling more participants in the CDR regime to use third-party service providers.