Insights

On February 17, 2024, The Digital Services Act (DSA) will become applicable, introducing a new regulatory framework for providers of intermediary services. The DSA will apply to those offering their services to users located in the EU, regardless of the providers' place of establishment. We have discussed the new obligations in our previous client alert, when the DSA was adopted. In this alert, we will focus on the notice and action mechanisms, the positions of the users, intermediaries and the general public.

On January 9, 2024, the Federal Trade Commission published a blog post titled AI Companies: Uphold Your Privacy and Confidentiality Commitments. In it, the FTC, as part of its larger initiative to oversee the use of AI, reminds companies to abide by the privacy commitments they have made, no matter where they made them, and to disclose all material facts. If they do not, they risk an enforcement action from the FTC. To avoid legal risk, companies must coordinate across departments about their privacy policy and privacy representations as part of developing AI models.

In late December, the FDA released a guidance document that provides clarity for small businesses marketing direct-to-consumer (DTC) drug products on television or radio.  The Q&A followed the FDA’s November 2023 Final Rule amending DTC advertising regulations for prescription drugs.