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The global data protection landscape is constantly evolving from both a technological and legislative perspective. This year alone, we have seen significant developments in the artificial intelligence (AI) sector, including the EU's adoption of the EU Artificial Intelligence Act (the EU AI Act), the Data Act coming into force, and numerous developments in the US legislative landscape with the Oregon Consumer Privacy Act and the Texas Data Privacy and Security Act taking effect this month. This ever-changing environment can make it extremely difficult for data protection and privacy professionals to navigate due to the nuances in legislation and regulatory approaches. Raymond Orife, Head of Data Protection and AI Governance, at Evalian Limited, sets out key practical tips for data protection officers (DPOs) to follow when implementing an international data protection program.

In this Insight article, Aztrid Camarillo, a Privacy Expert, discusses the importance of Privacy by Design and Default in algorithms, considering elements such as ethical and responsible use of data and the current regulatory landscape in various jurisdictions. 

In this Insight article, Marton Domokos, Partner at CMS Cameron McKenna Nabarro Olswang LLP, explores the complexities of joint controllership under the General Data Protection Regulation (GDPR), focusing on the legal intricacies and shared liabilities in data processing scenarios.

Every year on January 28, data protection is commemorated across the world. This day marks the anniversary of the Council of Europe's Convention 108 on the protection of personal data. It is considered to be the first legally binding international law in the field of data protection. Whilst the celebration of this day was introduced in 2006, Convention 108 was opened for signature on January 28, 1981, and with its potential to be applied internationally it has been recognized for providing legal certainty on the protection of personal data.

In Africa, the history of data protection traces back to 2001, when Cabo Verde rose to the occasion and became the first country to enact a data protection law. 10 years later in 2011, only nine countries had enacted data protection laws. In 2011 alone, there was a notable increase in adoption. For the first time, three African countries enacted data protection laws that year. Little did we know that this was the beginning of tremendous progress. The following decade was marked by an exponential rate of enactment. Unlike in the previous decade, 22 countries enacted data protection laws increasing the number of African countries with data protection laws to 32. The rate of increase was a remarkable 68.75%. Since 2021 until now, four countries have enacted data protection laws. Senwelo Modise and Phenyo Kedisitse, of Bookbinder Business Law, discuss the key legal developments in the African data protection legal landscape in the last 12 months.

Artificial intelligence (AI) is rapidly transforming Africa, but harnessing its potential responsibly requires strong governance. The African Union (AU) has made great strides in formulating frameworks and structures to govern the digital and technological space, such as the AU Convention on Cybersecurity and Data Protection (the Malabo Convention). The AU Digital Transformation Strategy 2020-2030 and the AU Data Policy Framework are also notable and both provide for Member States to nationalize and make adequate provisions for online security, data protection, and overall tech governance systems.

In this Insight article, Rachel Magege, from Pollicy, sheds light on current trends in AI governance in Africa, specifically what lies at the heart of the continent's current digital and business ventures. Rachel provides a breakdown of a few components in the African AI governance space as well as key recommendations on best practices that will serve the interests of the African people in a time of great technological advancements.

In this Insight article, Dr. Cigdem Ayozger Ongun, Filiz Piyal, and Yaren Kilic, from SRP-Legal, delve into how artificial intelligence (AI) literacy can serve as a crucial tool for privacy protection. It explores the interplay between AI integration, regulatory frameworks like the EU AI Act, and the necessity for an AI-literate society to safeguard privacy and fundamental rights in the digital age.

The constant news of the development of artificial intelligence (AI) underscores its sheer prevalence in the world around us. Consequently, the rapid proliferation of AI compels organizations that deploy AI systems (AI organizations) to ensure the responsible and ethical deployment of AI by complying with AI governance frameworks, such as the Singapore AI Verify Framework (AI Verify) and the US National Institute of Standards and Technology's (NIST) AI Risk Management Framework (AI RMF).

On October 13, 2023, the Infocomm Media Development Authority of Singapore (IMDA) and the US NIST published a Crosswalk of the above-mentioned frameworks, aimed to harmonize 'international AI governance frameworks to reduce industry's cost to meet multiple requirements.' The Crosswalk serves as a mapping document by matching the criteria of one framework to its equivalent in the other. This enables users to comply with both frameworks with greater ease. 

In this Insight article by Lionel Tan, Partner at Rajah & Tann LLP, the two frameworks and the Crosswalk are described, followed by a practical guide on how AI organizations can apply the Crosswalk to their AI systems.  

The rapid pace of development in artificial intelligence (AI) has seemingly only been paralleled by calls for its regulation. Since there is broad consensus regarding the possible impact of unregulated AI, governments globally have ‎responded through policymaking to mitigate this risk. Nevertheless, the overregulation of AI may, in turn, inhibit organizations ‎from harnessing the advantages of AI and also limit a jurisdiction's ability to compete in this growing sector. Accordingly, it is crucial that governments not only develop their AI sectors but also ensure effective regulation.

A number of African jurisdictions have taken steps ‎to address this unique policy challenge, with various African countries implementing AI strategies, others still in the process of consultation with stakeholders on AI policies, and some African countries yet to make any pronouncements whatsoever on their approach towards AI regulation. In this Insight article, Shahid Sulaiman, Davin Olën, and Monique Bezuidenhout, from Dentons, illustrate these three levels of AI regulation by unpacking the approaches of some key African jurisdictions, in the context of the draft AI policy of the African Union (AU), to AI regulation.

In this Insight article, Caterina Ravera, Antonia Nudman, and Florencia Fuentealba, from Albagli Zaliasnik, delve into the rapid development of artificial intelligence (AI) systems and the importance of ethical safeguards and accurate media representation. They highlight the need for responsible usage and regulation to ensure AI's beneficial impact across various fields.

In this Insight article, Roger Vilanova Jou, Senior Associate at PwC, delves into the growing impact of generative artificial intelligence (AI), which is sparking debate and regulatory consideration worldwide. As organizations grapple with AI's transformative potential, the question arises: Do we need a new role to navigate its governance effectively?

In this article, Arun Babu and Gayathri Poti, from Kochhar & Co., delineate the primary disparities between the Digital Personal Data Protection Act (DPDPA) and the General Data Protection Regulation (GDPR) from a business perspective, analyzing the rationale behind these distinctions and their practical implications.

In part one of this insight series, Dr. Paolo Balboni, Noriswadi Ismail, Davide Baldini, and Kate Francis, of ICT Legal Consulting, delved into the growing influence of artificial intelligence (AI) in areas such as recruitment, talent management, and cybersecurity. In part two, they outlined potential concerns that may arise from the use of AI in the provision of health services. In part three, they explore the imperative of addressing bias, siloed governance, and data breach risks in healthcare, emphasizing the critical need for comprehensive mitigation strategies and interdisciplinary collaboration to ensure AI's responsible integration into healthcare systems.