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Insights & News / Avishay  Klein

Regulation in the Past Year: A Summary of Key Changes and Outlook for the Future

Several statutory arrangements and regulatory guidelines have been published thus far during 2024, particularly in relation to the capital market, the financial sector and privacy protection, as well as various circulars addressing corporate governance and risk management, with the objective of increasing certainty for businesses and for the public as a whole.

Dr. Avishay Klein in TheMarker on the importance of implementing an AI policy in public companies

As an expert in the field of artificial intelligence, Dr. Avishai Klein referred to the need for public companies to formulate an artificial intelligence policy. As per his advice, companies with a clear policy, transparent reporting, human supervision and proper management, can retrieve the most out of those technologies, increase the trust of investors and customers, and reduce risk.

Categories: AI Regulation | Privacy Law

Board of Director’s responsibility for data security in a company

The Privacy Protection Authority has issued a mandatory guideline holding the board of directors fully responsible for information security, with heavy fines for violations. The guideline requires the board to oversee compliance with regulations and develop organizational policies, particularly for entities processing sensitive personal data.

Artificial Intelligence Platforms and Copyright law: is the Legal Belt Tightening?

The U.S. court is hearing artists' lawsuits against AI platforms for copyright infringement. The decision could lead to new regulations and insights into the impact of using protected works for training.

Israel: Significant Changes in Privacy Protection Law

The recent reform of the Privacy Protection Law aligns Israel's privacy regulations more closely with European standards.

Israel: New Limitations on Transfers of Personal Data

Israel’s Privacy Protection Authority has published a draft opinion clarifying its interpretation regarding transfers of personal data from Israel to other countries. According to this interpretation, such transfers of personal data are generally permitted only if the receiving country ensures a level of data protection equivalent to that of Israel.

AI, Data Privacy, and Technology for the Modern Legal Counsel

Our firm organized a unique four-part course in collaboration with Microsoft, TrustIZ, and Taylor Wessing UK. Designed for legal advisors, the course covered critical topics including AI regulation, drafting and negotiating privacy aspects of AI agreements, and managing data breach events. The final session took place at our offices yesterday, marking the completion of this comprehensive and valuable series.

 

Categories: AI Regulation | High Tech | Privacy Law

Federal District Court Vacates Rule under HHS's HIPAA Tracking Technologies Guidance

Until now, the HHS guidance provided a very broad interpretation of what constituted "protected health information" (PHI). This interpretation severely restricted data analytics service providers' ability to cater to hospitals and for hospitals to manage their digital assets, in addition to exposing them to class action lawsuits. A federal court's ruling to vacate the guidance is expected to facilitate both service providers and hospitals.

The Netherlands: New Data Scraping Guidelines

The Dutch Data Protection Authority strictly interprets GDPR regarding data scraping, stating that data scraping will almost always be illegal.

Using a Name without Permission: Privacy Infringement

An Israeli court ordered the McDonald’s fast food chain to pay ILS 40,000 to Maayan Parti, a consumer reporter for Israel’s Channel 12 News, after McDonald’s used the reporter’s name without her consent in an advertising campaign for the chain’s ice cream.

Bipartisan Federal Privacy Act Proposed in US

Developed for over two years, the American Privacy Rights Act proposes establishing a nationwide standard for privacy and data security, to empower individuals to control their personal information, as part of their right to privacy.

GDPR – Company Fined for Improper Data Collection

The French Data Protection Authority (CNIL) fined a corporation for violation of the GDPR due to flaws in its personal data collection and user consent practices, even though the data was collected by a third party.

New Method Threatening the Rule of Managers in the Stock Market

As an expert on control struggles, Micky Barnea was interviewed by Globes for an article on the Amir brothers' takeover of Shufersal. Micky explained the significance of holding less than 25 percent of a company and the tools available to the Israel Securities Authority in such transactions.

Categories: Shareholder Activism

Changes in the Data Security and Cyber Market – Dr. Avishay Klein Interview with Globes

Dr. Avishay Klein, the head of our firm’s Privacy, Data Protection and Cyber Department, was interviewed by Globes and spoke about companies’ difficulties in managing cyber risks under the current circumstances.

Categories: Cyber

Europe: AI Act to Supervise the Development of AI Technologies

The AI Act applies, similar to other European legislation, to companies not based in the European Union but have activity in the Union. Therefore, it may also affect Israeli companies offering services in Europe.

Copyright: US Court Rejects Some of the Claims against OpenAI

The subjects of copyright and the protection thereof are core issues for companies that use artificial intelligence (AI) technology. Therefore, it is important to ensure that the agreements in place between different players in the economy and AI technology providers include provisions that protect such players against legal claims in relation to copyright

New Workplace Guidelines on Privacy Protection: Dr. Avishay Klein’s Guide for Employers Published on Mako

Israel’s Privacy Protection Authority has published new guidelines on the collection of biometric information in the workplace. In response, Dr. Avishay Klein, the head of our firm’s Privacy, Data Protection and Cyber Department, has compiled a practical guide for employers on the subject The guide was published on Mako.

Categories: Employment | Privacy Law

California Privacy Regulations Come into Effect

The court's decision to start enforcement proceedings, in addition to the provisions of the California Consumer Privacy Act (CCPA) already being enforced, is expected to lead to a significant increase in enforcement against companies that fall in the scope of the CCPA.

Dutch Data Protection Authority Fines Uber

Uber’s insufficiently clear privacy protection policy and lack of transparency about the collection of personal information on its employees resulted in a heavy fine.

Privacy and AI in Israel and worldwide: a look to 2024

2023 trends are expected to continue in 2024, including the constantly evolving regulation of AI tools and new privacy protection and data security issues, as well as attempts by Israeli and global authorities to keep up with the pace at which technology is evolving and changing the face of the business world.

Barnea: Webinar on AI Vendor Vetting

Our firm hosted a webinar in collaboration with the Association of Corporate Counsel in Israel. Dr. Avishay Klein, head of our firm’s Privacy, Data Protection and Cyber Department, addressed a number of points, including the possible risks in contracting with artificial intelligence providers.

Categories: AI Regulation | Regulation

Legal Guide for Implementing AI Tools in Organizations

While AI tools offer significant contributions to businesses, even non-technological ones, it's crucial to understand the potential exposures these tools may present. This guide emphasizes the importance of conducting examinations and implementing AI tools in a legal and transparent manner.

Copyrights: The New York Times Sues OpenAI and Microsoft

The conflict between copyright protection for content creators and the development of AI platforms by companies is being litigated once again in court. Can appropriate regulation reconcile between the parties’ needs?

Israel: Principles for Innovation and Responsible Use of AI

The document published by the Ministry of Innovation, Science and Technology, in conjunction with the Ministry of Justice, specifies the principles for developing and supervising AI technologies and their use by entities in Israel.

Surveillance Cameras in Workplaces and Employment Conditions

The Regional Labor Court in Tel Aviv has recognized an employee’s resignation as tantamount to dismissal under the law due to the employer’s use of surveillance cameras around the employee’s workstation in a manner inconsistent with the Privacy Protection Authority’s guidelines and the court’s position in such matters.

EU Data Act Regulating the Use of Data from Smart Devices (IoT)

The EU Data Act will supervise companies that manufacture and supply smart devices (IoT devices) and companies that handle data collected by these devices, as well as enact a series of regulations designed to protect consumer privacy.

Operation Swords of Iron: Contending with a Cyberattack

Israel’s government has drafted new regulations in the wake of Operation Swords of Iron, due to the increase in the scope and quality of cyberattacks against civilian entities.

Israeli Court Criticizes the Israel Police over its Use of AI Tools

A man who entered Israel with drugs in his possession sought to expose the Israel Police’s use of AI tools that resulted in his inclusion in a list of suspected drug couriers. The court’s criticism of the police’s tactics clarifies that even if the AI system leads to correct identification or to accurate decisions, its mechanisms must be transparent, explainable and auditable. 

US President Signs Executive Order on Safe Use of AI

The United States is looking to institute rules for the safe development and use of artificial intelligence, to regulate government use of AI, and to establish its leadership in the AI field.

UK Increases Child Safety Online

The new UK Online Safety Act is part of a wave of European legislation seeking to protect children from online age-inappropriate content, exploitation, and other online dangers.

Privacy and Data Protection during Remote Work from Home

The state of emergency the State of Israel has declared in recent days requires us all to contend with a unique and complex situation. As part of this struggle, many companies and organizations have instructed their employees to shift to working from home, thus requiring such employers to clarify their privacy and business data protection procedures.

Privacy Protection Obligations: Boards of Directors’ Role

The Israeli Privacy Protection Authority recently published a draft directive that imposes the responsibility for fulfilling certain obligations on the board of directors, including the obligation to appoint an officer responsible for compliance with the Privacy Protection Regulations

United States: Can AI Systems Hold Copyrights?

Who owns the copyright to an AI-generated image—the creator, the technology, or no one? A recent court ruling in the United States determines that the right to copyright protection depends on the degree of human involvement in the work.

Employers’ Use of Vehicular GPS to Track Employees

Employers’ use of technological tools to track their employees’ geolocations has sharply increased in recent years, as remote work has become more prevalent. The Israeli Privacy Protection Authority recently published its recommendations on the collection of geolocation data from employees’ vehicles.

Artificial Intelligence in the Office: How to Do It Right

Advs. Netta Bromberg and Dr. Avishay Klein were interviewed by Yedioth Ahronoth and gave tips to employers regarding the correct use of artificial intelligence in workplaces.

Categories: AI Regulation | Employment

AI in the Workplace – Benefits and Risks

AI technologies have enormous potential. However, using AI technologies in the workplace may result in a variety of exposures. It is important to understand how best to use AI, as well as when never to use it.

New EU-US Data Privacy Framework (DPF)

The new arrangement for transferring information about EU citizens to the United States offers European and foreign companies a simpler mechanism to enable their privacy protection procedures to be recognized as GDPR-compliant.

California: Class Action against ChatGPT for Breach of Privacy

Who is responsible for protecting the privacy of the information AI technologies collect? A new class action in California joins a series of AI-related lawsuits that may clarify this question.

Avishay Klein and Eyal Nachshon in TheMarker

TheMarker’s Ahad Ha’am magazine published an op-ed by Dr. Avishay Klein on the Israel Securities Authority’s latest guidelines on cyber risks (page 4). The magazine also conducted an interview with Eyal Nachshon on the increase in scope of class action lawsuits against public companies in Israel (page 11). Eyal addressed, among other things, his representation of several companies in a recent series of digital accessibility class action lawsuits.

Categories: Class Actions | Cyber | Litigation | Privacy Law

When May an Employer Monitor Employees Working Remotely?

Employers that want to use technological surveillance measures to monitor and track employee performance remotely must be diligent about formulating a clear policy, informing employees, and using these means reasonably and proportionately.

European Union v. Facebook: EUR 1.2B Privacy Infringement Fine

An EUR 1.2 billion fine was imposed on Meta after the EDPB ruled the company was systematically transferring the personal data of millions of Facebook users from the European Union to servers in the United States in violation of the European GDPR.

Israel: Information Transferred from European Economic Area

The regulations grant several new rights to the relevant data subjects, when the database contains information transferred from the European Economic Area (EEA) to Israel, including the data subject’s right to delete information and a broader right of review.

Barnea: Hosting AI & Regulation Conference

Our firm hosted the “AI & Regulation" conference, with the participation of Gilad Samama, head of the Israel Privacy Protection Authority, and other senior officials. The conference was held in collaboration with the International Association of Privacy Experts (IAPP) and the Israel-America Chamber of Commerce. At the conference, Dr. Avishay Klein, head of our firm’s privacy, data protection and cyber practice, lectured on the regulation of artificial intelligence in Israel and around the world.  

Categories: AI Regulation | Privacy Law | Regulation

Webinar: Implications of Digital Services Act

The recently enacted Digital Services Act is considered a major reform of services, content, and information in the digital sphere. It imposes new obligations on a wide variety of Israeli high-tech companies. Dr. Avishay Klein, head of our firm’s privacy and data protection practice, lectured as part of a webinar hosted by the In-House Counsels for In-House Counsels Organization about the new law and its practical aspects, including when and how companies should prepare.

Categories: Privacy Law

Lawsuits and Enforcement: Privacy Violations through AI

A few months after ChatGPT became a popular tool for millions of users, users began filing lawsuits alleging violations of users’ privacy and data security breaches. The conclusions from these lawsuits are relevant to all companies engaging in the development and assimilation of AI technologies.

Avishay Klein Invited to Speak at Global Intellectual Property ConfEx in Dubai

Avishay Klein, the head of our firm’s privacy and data protection practice, attended the Global Intellectual Property ConfEx in Dubai. Avishay spoke as part of a panel on IP data breaches, including preparing for cyber threats and dealing with cyber crises.  

Categories: Cyber | Privacy Law

AI and Regulation: The Future Is Already Here

The more artificial intelligence permeates additional spheres of private and public life, the greater the need to regulate uses of this technology. Various artificial intelligence regulations are already in place around the world and additional regulatory initiatives are being promoted at a rapid pace.

Privacy: Avishay Klein Interviewed by N12 about New European Regulations

The entrance into force of the European GDPR in 2018 had an international impact, imposing a series of privacy restrictions on companies. Now, new privacy laws concerning fair conduct in the digital market and consumer protection are about to come into force. Their impact on companies looks to be dramatic. Dr. Avishay Klein elaborates in an interview with N12.

Categories: Privacy Law

Fine Imposed on Israeli Cyber Tech Company for Violating European GDPR

Israeli cyber companies operating in Europe are exposed to the GDPR even though they are registered in Israel, and even if the information they collect is not processed or stored in Europe.

2022: Trends in Israeli and International Privacy Regulations

2022 saw significant regulatory developments in the field of privacy protection in Israel and throughout the world. These developments directly affect companies whose business activities in Israel and internationally involve the collection and processing of personal information.

Dr. Avishay Klein Lectures on Privacy to Compliance Officer Training Course

Dr. Avishay Klein, who leads our firm’s privacy and data protection practice, gave a lecture to future compliance officers on privacy protection risks and the GDPR.

Categories: Compliance | Privacy Law