Technology Law and Data Privacy Updates

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Technology Law and Data Privacy Updates

Edition I - January 2025

SUMMARY

Welcome to the latest edition of Fountainhead Legal’s Data Privacy and Technology Law newsletter.

The year 2025 has commenced with notable regulatory advancements, both nationally and internationally, shaping the future of how data is protected, utilized, and governed across industries. These developments in technology and data privacy law are set to redefine the regulatory landscape, influencing how businesses and governments approach data protection and privacy in an increasingly interconnected world.

In India, MeitY has released the Draft Digital Personal Data Protection Rules, 2025 (“Draft Rules”) earlier than anticipated, demonstrating a proactive approach to operationalizing the Digital Personal Data Protection Act, 2023. The Draft Rules set out clear obligations for data fiduciaries, emphasize consumer rights, and introduce new accountability measures. While the deadline for stakeholder consultation submissions is February 18, 2025, the first round of consultations is already underway. MeitY is considering extending the consultation period and organizing additional focus groups to gather feedback, reflecting a comprehensive and inclusive approach to implementation.

India is also taking steps to regulate Artificial Intelligence (“AI”). To this end, MeitY has released a consultation paper inviting feedback by January 27, 2025, further underscoring the country’s commitment to responsible AI governance.

Globally, regulatory frameworks continue to evolve. The European Union has reached a significant milestone in the digital asset sector with the full enforcement of the Markets in Crypto-Assets (“MiCA”) Regulation on December 30, 2024. MiCA establishes a unified legal framework for crypto-assets across EU member states, aiming to enhance consumer protection, foster innovation, and provide legal clarity for businesses and investors. Additionally, the EU has reinforced its commitment to robust data privacy enforcement, with EU Commission recently held liable for a data breach under GDPR.

In the United States, key regulatory developments include the operationalization of data privacy laws in New Jersey, the Department of Justice finalizing rules to prevent foreign adversaries from accessing sensitive personal data, and the Federal Trade Commission taking decisive action to stop the sale of sensitive location data.

These measures emphasize the global shift toward greater transparency, consumer protection, and accountability. Together, these advancements offer businesses, governments, and consumers the opportunity to navigate a more complex and interconnected digital ecosystem. As regulatory frameworks evolve, stakeholders must remain engaged and prepared for the changes ahead.

Fountainhead Legal is committed to supporting organizations on this journey. With our deep expertise in data privacy compliance and a strong understanding of regulatory nuances, we offer tailored solutions for each client’s unique needs.

From drafting privacy policies and developing data protection frameworks to advising on cross-border data transfers and facilitating employee training programs, our team is equipped to guide clients through every stage of their compliance strategy.

We hope you enjoy our latest updates!

NATIONAL 

1. MeitY notifies Draft Rules for DPDP Act[1]

On January 3, 2025, MeitY released the Draft Digital Personal Data Protection Rules, 2025 (“Draft Rules”) to operationalize the DPDP Act. These Draft Rules provide a comprehensive framework outlining the obligations of data fiduciaries, rights of data principals, and regulatory mechanisms to ensure responsible and transparent data processing.

The Draft Rules clarify the responsibilities of data fiduciaries, including the need for clear and concise notices, data minimization, and robust security measures to prevent data breaches. Consent mechanisms have been emphasized, with a focus on simplicity and transparency. For significant data fiduciaries, the Draft Rules introduce enhanced accountability measures, including periodic data protection impact assessments and audits. The Draft Rules also reinforce the principles of purpose limitation and data retention, ensuring that personal data is processed only for specified purposes and retained only as necessary.

Further, in cases of data breaches, the Draft Rules require data fiduciaries to notify the Data Protection Board of India (“DBP”) within 72 hours and the affected data principals without undue delay. The breach notification must include details such as the nature of the breach, its likely impact, and the remedial actions taken with certain additional requirements while providing intimation to the DBP.

The Government has invited stakeholders to provide their feedback on the Draft Rules by
February 18, 2025.

Draft Rules provide a strong framework but pose implementation challenges, especially for MSMEs. Key areas include readiness for breach reporting, cross-border data transfers, and compliance with security measures. Effective functioning of consent managers and streamlined enforcement by the Data Protection Board are crucial. The success of these rules depends on the Government’s ability to provide consistent guidelines, streamline enforcement through the DBP, and foster stakeholder engagement for seamless compliance.

You may read more on FHL’s Summary here

2. MeitY Releases Report on AI Governance Guidelines for Public Consultation[2]

MeitY has released the report titled AI Governance Guidelines Development, providing a robust framework to govern AI in India. The report outlines key principles and recommendations to foster ethical, transparent, and accountable AI deployment while addressing associated risks. The report outlines key recommendations for AI governance in India, emphasizing a whole-of-government approach to address risks and foster innovation. It proposes frameworks for responsible AI deployment, focusing on transparency, accountability, safety, privacy, and fairness.

The Government is seeking public feedback on these recommendations, with a deadline for responses set for January 27, 2025.

INTERNATIONAL 

3. Complete MiCA Regulation Enforced[3]

The Markets in Crypto-Assets (“MiCA”) Regulation, fully effective from December 30, 2024, is a landmark step toward harmonizing the regulation of crypto-assets across the EU. Some aspects, like transitional licensing for Crypto-Asset Service Providers (CASPs), stablecoin reserve requirements, and consumer transparency obligations, were operational as early as June 2024, giving businesses time to align with the regulation. MiCA provides a unified framework covering utility tokens, asset-referenced tokens (ARTs), and e-money tokens (EMTs) while excluding decentralized finance (DeFi) and non-fungible tokens (NFTs) for now.

Key provisions include mandatory licensing for CASPs, stringent reserve and redemption mechanisms for stablecoins, and measures to ensure consumer protection through detailed whitepaper disclosures. The regulation also tackles insider trading and market manipulation to enhance market integrity. These efforts aim to boost consumer trust, foster innovation, and provide legal clarity for businesses and investors.

Going forward, CASPs and issuers must align operations with MiCA’s standards, focusing on compliance readiness, robust risk management, and transparent practices. Stakeholders should engage with regulators, monitor potential expansions to cover DeFi and NFTs, and build internal capacities to leverage the opportunities presented by a regulated EU crypto market.

4. European Commission held Accountable for GDPR breach[4]

The General Court of the European Union has ordered the European Commission to pay €400 in damages to a German citizen who visited the ‘Conference on the Future of Europe’ website. The Court found that, by providing a ‘Sign in with Facebook’ option on its EU Login page, the Commission facilitated the transfer of the visitor’s IP address—a personal data element—to Meta Platforms, a U.S.-based company. At the time of the transfer, there was no adequacy decision confirming that the United States ensured an adequate level of data protection for EU citizens, nor did the Commission implement appropriate safeguards such as standard data protection clauses. This lack of protection led the Court to conclude that the Commission had committed a sufficiently serious breach of data protection laws, justifying the compensation awarded.

UNITES STATES OF AMERICA

5. Data Privacy Law operational in New Jersey[5]

Keeping in line with other major States, the New Jersey Data Privacy Law, 2023 (“NJDPL”) was made effective January 15, 2025, providing consumers with essential rights over their personal data. These rights include the ability to access, correct, delete, and opt-out of data sales or processing. It targets businesses that either process data for over 100,000 consumers or profit from data sales. NJDPL mandates data protection assessments for high-risk processing, transparency in data practices, and accountability in how consumer data is handled.

6. US introduces Rules restricting ‘Foreign Adversaries’ from accessing Sensitive Personal and Government Data[6]

The Government aims to protect national security by restricting transactions involving biometric, health, financial, and other sensitive data. The rules target “foreign adversaries”, which are countries identified by the U.S. Government as threats due to their involvement in cyber espionage, surveillance, or activities that could potentially compromise sensitive data of U.S. citizens, including Government-related data. Nations like China, Russia, North Korea, and Iran have been flagged as potential sources of risk due to their history of attempting to exploit sensitive data.

The rules establish licensing framework through which businesses will seek approval for certain restricted transactions. Exemptions are provided for specific activities like academic research and telecommunications. As such, businesses are required to conduct due diligence on transactions that involve entities located in such countries identified as ‘foreign adversaries’, ensuring compliance with the reporting and auditing requirements. Businesses must also review their vendor agreements and investment deals to ensure that they do not facilitate unauthorized access to sensitive personal data by such foreign entities. The rules will take effect 90 days after their publication giving businesses a limited time to implement compliance measures to avoid penalties.

7. California Attorney General Issues Guidance on AI Regulation[7]

Attorney General has released two legal advisories that outline how existing state laws apply to AI systems. These advisories aim to help businesses and organizations responsibly integrate AI technologies by emphasizing compliance with legal standards and ensuring ethical practices. One advisory focus on the California Consumer Privacy Act, 2018, requiring entities that use AI to process personal data to uphold privacy standards. This includes transparent disclosures about AI usage in data processing and providing consumers with tools to exercise rights like opting out of automated decisions.

The second advisory addresses the need to prevent bias and discrimination in AI applications. Organizations must ensure that their AI systems comply with California’s anti-discrimination laws, to avoid generating unfair or biased outcomes. The guidance highlights that companies deploying AI remain accountable for the technology’s decisions and cannot delegate their legal responsibilities to the systems they use.

These advisories reinforce California’s leadership in setting clear expectations for the ethical use of AI. Businesses are encouraged to regularly assess their AI systems, verify compliance with privacy and anti-discrimination laws, and adopt transparent and fair practices. By aligning their AI initiatives with these principles, organizations can reduce risks while building trust with stakeholders.

8. Texas: Legal Action for Unlawful Collection of Driving Data[8]

In a legal battle with Allstate Corporation (“Allstate”) and its subsidiary Arity LLC (“Arity”), Texas Attorney General, filed a lawsuit over the unlawful collection, use, and sale of consumer driving data. The companies allegedly acquired location and movement data from over 45 million Americans by secretly embedding tracking software in apps such as Life360, without consumers’ knowledge or consent. This data was then used to justify increasing car insurance premiums and was sold to other insurers.

9. FTC prohibits Sale of Sensitive Location Data[9]

FTC has finalized an order prohibiting Gravy Analytics Inc. and Venntel Inc. from selling sensitive geolocation data collected from consumers without proper consent. The companies were found to have obtained precise location data tied to unique identifiers, which allowed them to track individuals’ visits to private and sensitive locations such as healthcare facilities and places of worship.

The FTC’s investigation revealed that the companies failed to provide transparency or proper disclosures about how this sensitive data was being collected, used, and shared. This lack of consent and oversight violated consumer privacy rights, exposing individuals to potential tracking and profiling without their awareness. As a result, the FTC’s order mandates the deletion of any improperly collected information, bans the future sale or use of such data, and requires the companies to implement stricter data protection measures to ensure compliance with privacy laws in the future.

This case highlights the FTC’s commitment to protecting consumer privacy and holding companies accountable for irresponsible data practices. By enforcing restrictions on the sale of sensitive location data, the agency emphasizes the need for companies to uphold transparency, consent, and respect for privacy. This order ensures that consumer data is handled responsibly and safeguards individuals from unauthorized tracking, reinforcing the importance of maintaining ethical standards in data practices to prevent harm and uphold public trust.

10. Detroit becomes Largest U.S. City to Accept Cryptocurrency for Taxes and Fees[10]

The City of Detroit has announced a groundbreaking decision to accept cryptocurrency payments for taxes and other municipal fees, making it the largest city in the United States to embrace this innovative payment method. This initiative aims to provide residents and businesses with greater flexibility in managing their financial transactions while positioning Detroit as a leader in adopting cutting-edge financial technologies.

Detroit will accept a range of popular cryptocurrencies, including Bitcoin and Ethereum, for property taxes, utility bills, parking fines, and other municipal fees. Payments will be processed through a secure third-party platform to convert the cryptocurrency into U.S. dollars, ensuring the city receives funds without being exposed to market volatility.

With technological advancements reshaping financial landscapes, Governments are gradually adopting cryptocurrencies to modernize their payment systems. Detroit’s forward-thinking approach showcases how digital currencies can coexist with traditional methods, fostering innovation while catering to evolving consumer preferences. This milestone not only marks progress for Detroit but also signals a shift in how municipalities nationwide might integrate blockchain technologies into public services.

Authors:

  • Rashmi Deshpande
  • Aarushi Ghai

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