Data Dive

Meta’s launch of ‘Threads,’ a text-based social media platform linked to Instagram accounts, closely followed the EC’s announcement that Meta and six other Big Tech companies have identified themselves as meeting the thresholds to qualify as potential gatekeepers under the Digital Markets Act.

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Multiple policy documents relating to software and digital health have been issued by the U.S. Food and Drug Administration (FDA). The documents offer: a framework for the use of digital health tools in the context of drug development; draft guidance for predetermined change control plans (PCCPs) for artificial intelligence (AI)/machine learning (ML)-enabled device software; and final guidance issuing cybersecurity requirements for device authorization submissions.  

On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device monitoring activities (including monitoring of employees’ telephone, email and internet access or usage) thanks to a new amendment to the Civil Rights Law (the “Act”).¹

Akin Gump published a client alert on December 1, 2022, which discuss that on November 26, 2021, the U.S. Department of Commerce (“Commerce”) issued a proposed rule, “Securing the Information and Communications Technology and Services Supply Chain; Connected Software Applications” (the “Proposed Rule”), to amend the Information and Communications Technology and Services (ICTS) Supply Chain regulations (15 C.F.R. Part 7) that became effective on March 22, 2021. Those regulations implement Executive Order 13873: Securing the Information and Communications Technology and Services Supply Chain (“ICTS Supply Chain EO”) issued by former President Trump on May 15, 2019 to address the national emergency posed by the ability of “foreign adversaries” to create and exploit vulnerabilities in the ICTS supply chain. Generally speaking, the ICTS Supply Chain regulations provide a broad framework for the Secretary of Commerce to identify, mitigate, prohibit or unwind covered “ICTS Transactions” involving “foreign adversaries” that pose an undue or unacceptable risk to U.S. national security.