Agriculture technology is a significant startup industry that is rapidly expanding. Royse Law is a partner of the annual SV Agtech conference (hosted by Royse AgTech) and is a veteran of both the startup and agtech industry. This presentation will overview current developments in Agtech law. (12/2016)
Slides presentation on the current developments in AgTech Law, including:
- precision agriculture
- due diligence
- AgData
- customer data
- data privacy
- agriculture drones
- gene edited crops
- anti-trust
- IP issues
2019 09-26 leveraging the power of automated intelligence for privacy managementTrustArc
With the increasing prevalence of privacy technology, how can the privacy industry leverage the benefits of artificial intelligence and machine learning to drive efficiencies in privacy program management? Many papers have been written on managing the potential privacy issues of automated decision-making, but far fewer on how the profession can utilize the benefits of technology to automate and simplify privacy program management.
Privacy tools are starting to leverage technology to incorporate powerful algorithms to automate repetitive, time-consuming tasks. Automation can generate significant cost and time savings, increase quality, and free up the privacy office’s limited resources to focus on more substantive and strategic work. This session will bring together expert panelists who can share examples of leveraging intelligence within a wide variety of privacy management functions.
Key takeaways from this webinar:
-Understand the difference between artificial Intelligence, machine learning, intelligent systems and algorithms
-Hear examples of the benefits of using intelligence to manage privacy compliance
-Understand how to incorporate intelligence into your internal program and/or client programs to improve efficiencies
On-demand recording link:https://info.trustarc.com/WB-2019-06-19-GDPR-Compliance-Convince-Customers-Partners-Board.html?utm_source=slideshare
Many companies have invested significant time and resources trying to design and implement GDPR compliance programs. Internally, they may have generated hundreds or thousands of pages of project plans, policies, processes and reports – including records of processing, DPIA reports and much more. But how can you demonstrate to internal stakeholders, clients and partners that you have a comprehensive program and that your processes and products are GDPR-compliant?
This webinar will provide these key takeaways:
-The current state of an official GDPR certification and codes of conduct
-Case studies of how companies are demonstrating compliance
-The benefits of an external third party GDPR validation
Update Your CCPA Plan with Practical Insights into the Proposed Regulations, ...TrustArc
Major developments related to the California Consumer Privacy Act (CCPA) were announced at the end of last week. On Thursday, October 10th California Attorney General Xavier Becerra released proposed regulations under the CCPA. The proposed regulations are intended to operationalize the CCPA and provide practical guidance to consumers and businesses subject to the law. California Governor Gavin Newsom followed with a legislative update on Friday, October 11th in which he announced that he had signed 6 privacy bills into law, including 5 amending the CCPA and a new law related to the CCPA requiring data broker registration.
View this webinar to gain valuable insights into:
-A review and analysis of the proposed CCPA implementing regulations, related amendments and the impact to your planning
-Tips and tools to operationalize complying with the CCPA, including - the four types of consumer notices, including the Do Not Sell notice; consumer privacy requests, security considerations and verification; training and record-keeping; special rules for personal information of minors; requirements for financial incentives including calculating data value, practices for employment data and B2B transactions; and much more
-Insights into what to expect after the public comment period closes on December 6, 2019
2019-06-11 What New US State Laws Mean For Your BusinessTrustArc
On-Demand Webinar Recording: https://info.trustarc.com/WB-2019-06-11-USDataProtectionLaws_RegPage.html
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While the focus over the past two years has been around global privacy regulations such as the EU GDPR regulation, individual US states have been proposing -- and enacting -- a number of privacy-impacting laws that may affect your company in new and challenging ways. From the comprehensive California Consumer Privacy Act (CCPA) to the revisions in data breach laws in Colorado, Oregon and Vermont, it can be difficult to track these changes, and even more difficult to build a compliance program with the flexibility to adapt to the constantly changing environment.
This webinar will provide:
-An overview of major new US state privacy laws and important pending legislation
-An update on the discussions and atmospherics around a comprehensive US privacy law
-Recommendations on incorporating US state privacy law compliance into a global privacy risk management program
How to Leverage Your GDPR Compliance for CCPA, Privacy Shield & More New Requ...TrustArc
The GDPR forced companies to spend a substantial amount of time, resources and money on becoming compliant. For many companies, it took years to understand, build and manage a compliance program to meet the variety of requirements included in the GDPR.
With new and updated privacy laws and regulations popping up, such as CCPA and Privacy Shield invalidation, companies are now being tasked with assessing the impact to their current privacy program and learning how to weave them into existing practices.
Listen to this webinar to learn how to leverage the substantial amount of work that was done for the GDPR to simplify additional privacy compliance.
Whether you're using spreadsheets or the first generation privacy technology tools available - privacy management can still be a time-consuming and manual process for the privacy team and the broader business. Automation and intelligence are the key to streamlining this process but where to start?
In this webinar we've assembled some of the best privacy and security professionals to share their tips to cut out the time-consuming work so that you can focus on strategic input. CONSIDER: Just imagine what you could accomplish and influence if even 25% of your time was freed from manual processes.
This webinar will provide insights into:
-How to determine what activities to automate
-Key considerations for assessing tools and vendors
-Making the business case to increase the efficiencies and effectiveness of the privacy office
Slides presentation on the current developments in AgTech Law, including:
- precision agriculture
- due diligence
- AgData
- customer data
- data privacy
- agriculture drones
- gene edited crops
- anti-trust
- IP issues
2019 09-26 leveraging the power of automated intelligence for privacy managementTrustArc
With the increasing prevalence of privacy technology, how can the privacy industry leverage the benefits of artificial intelligence and machine learning to drive efficiencies in privacy program management? Many papers have been written on managing the potential privacy issues of automated decision-making, but far fewer on how the profession can utilize the benefits of technology to automate and simplify privacy program management.
Privacy tools are starting to leverage technology to incorporate powerful algorithms to automate repetitive, time-consuming tasks. Automation can generate significant cost and time savings, increase quality, and free up the privacy office’s limited resources to focus on more substantive and strategic work. This session will bring together expert panelists who can share examples of leveraging intelligence within a wide variety of privacy management functions.
Key takeaways from this webinar:
-Understand the difference between artificial Intelligence, machine learning, intelligent systems and algorithms
-Hear examples of the benefits of using intelligence to manage privacy compliance
-Understand how to incorporate intelligence into your internal program and/or client programs to improve efficiencies
On-demand recording link:https://info.trustarc.com/WB-2019-06-19-GDPR-Compliance-Convince-Customers-Partners-Board.html?utm_source=slideshare
Many companies have invested significant time and resources trying to design and implement GDPR compliance programs. Internally, they may have generated hundreds or thousands of pages of project plans, policies, processes and reports – including records of processing, DPIA reports and much more. But how can you demonstrate to internal stakeholders, clients and partners that you have a comprehensive program and that your processes and products are GDPR-compliant?
This webinar will provide these key takeaways:
-The current state of an official GDPR certification and codes of conduct
-Case studies of how companies are demonstrating compliance
-The benefits of an external third party GDPR validation
Update Your CCPA Plan with Practical Insights into the Proposed Regulations, ...TrustArc
Major developments related to the California Consumer Privacy Act (CCPA) were announced at the end of last week. On Thursday, October 10th California Attorney General Xavier Becerra released proposed regulations under the CCPA. The proposed regulations are intended to operationalize the CCPA and provide practical guidance to consumers and businesses subject to the law. California Governor Gavin Newsom followed with a legislative update on Friday, October 11th in which he announced that he had signed 6 privacy bills into law, including 5 amending the CCPA and a new law related to the CCPA requiring data broker registration.
View this webinar to gain valuable insights into:
-A review and analysis of the proposed CCPA implementing regulations, related amendments and the impact to your planning
-Tips and tools to operationalize complying with the CCPA, including - the four types of consumer notices, including the Do Not Sell notice; consumer privacy requests, security considerations and verification; training and record-keeping; special rules for personal information of minors; requirements for financial incentives including calculating data value, practices for employment data and B2B transactions; and much more
-Insights into what to expect after the public comment period closes on December 6, 2019
2019-06-11 What New US State Laws Mean For Your BusinessTrustArc
On-Demand Webinar Recording: https://info.trustarc.com/WB-2019-06-11-USDataProtectionLaws_RegPage.html
-------
While the focus over the past two years has been around global privacy regulations such as the EU GDPR regulation, individual US states have been proposing -- and enacting -- a number of privacy-impacting laws that may affect your company in new and challenging ways. From the comprehensive California Consumer Privacy Act (CCPA) to the revisions in data breach laws in Colorado, Oregon and Vermont, it can be difficult to track these changes, and even more difficult to build a compliance program with the flexibility to adapt to the constantly changing environment.
This webinar will provide:
-An overview of major new US state privacy laws and important pending legislation
-An update on the discussions and atmospherics around a comprehensive US privacy law
-Recommendations on incorporating US state privacy law compliance into a global privacy risk management program
How to Leverage Your GDPR Compliance for CCPA, Privacy Shield & More New Requ...TrustArc
The GDPR forced companies to spend a substantial amount of time, resources and money on becoming compliant. For many companies, it took years to understand, build and manage a compliance program to meet the variety of requirements included in the GDPR.
With new and updated privacy laws and regulations popping up, such as CCPA and Privacy Shield invalidation, companies are now being tasked with assessing the impact to their current privacy program and learning how to weave them into existing practices.
Listen to this webinar to learn how to leverage the substantial amount of work that was done for the GDPR to simplify additional privacy compliance.
Whether you're using spreadsheets or the first generation privacy technology tools available - privacy management can still be a time-consuming and manual process for the privacy team and the broader business. Automation and intelligence are the key to streamlining this process but where to start?
In this webinar we've assembled some of the best privacy and security professionals to share their tips to cut out the time-consuming work so that you can focus on strategic input. CONSIDER: Just imagine what you could accomplish and influence if even 25% of your time was freed from manual processes.
This webinar will provide insights into:
-How to determine what activities to automate
-Key considerations for assessing tools and vendors
-Making the business case to increase the efficiencies and effectiveness of the privacy office
Watch the on-demand webinar: https://info.trustarc.com/WB-2019-10-23-CCPASurvivalGuideMasteringConsentDoNotSellConsumerRightsandLookBackRequirements_RegPage.html
The CCPA compliance deadline is fast approaching. Whether you are just starting, or have been working on your program for months, chances are you are having a lot of last minute implementation questions. Join this session to hear from a panel of industry experts who have been working on the front lines with companies of all sizes across all industries as they share tips and best practices on how to handle key aspects of CCPA compliance. You will also have the opportunity to ask the experts questions.
This webinar will provide:
-Tips on how to implement Do Not Sell and manage consumer rights requests
-Best practices and tools to support look back reporting requirements
-Updated guidance on the latest CCPA requirements changes
Presented by Sheila Colclasure, Global Public Policy and Privacy, Americas Officer at the 2013 Racom IMC Roundtable. More info on this event at cadmef.org.
CCPA Update: What You Need to Know about CPRA & July 1st EnforcementTrustArc
The California Consumer Privacy Act (CCPA) continues to dominate headlines with the upcoming July 1, 2020 enforcement date and the proposed California Privacy Rights Act (CPRA) – aka CCPA 2.0. Companies who are in varying stages of preparing for CCPA compliance under the stress of the upcoming enforcement date and as yet unfinalized regulations, must now face the prospect of a ballot initiative which includes new definitions, expanded individual rights, and broadens the enforcement elements of the CCPA.
The California AG is expected to move forward with non-compliance enforcement even amid COVID-19. If companies don’t have a solid CCPA compliance plan in place, they are at risk of facing fines up to $7,500 per violation, in addition to any possible reputational damage.
This webinar will review:
-The differences between CCPA & CPRA
-What to expect for the July 1st enforcement date
-How to prepare for all possible scenarios
-Resources available to ensure compliance today and in the future
GDPR is the most significant change to data protection in a generation and an imminent global issue that will dominate data privacy, management and regulation discussions in 2017. According to recent research, over half of businesses lack preparedness for GDPR. With a quarter of the EU’s grace period over and with fines of up to €20 million (or 4% of global turnover), there is a lot at stake for companies falling behind the May 2018 deadline. So, where do you start?
Join renowned information security consultant and GDPR expert, Brian Honan, along with Tim Erlin, Senior Director, Security and IT Risk Strategist at Tripwire as they walk you through the essential steps to accelerate your GDPR preparedness.
In this session you will learn:
• The key facts about the GDPR regulations
• The implications of the new rules and how they will impact your business
• Practical steps your business can take to prepare
• How your existing security frameworks (ISO/NIST/CSC) can help set the foundation
• How Tripwire can help
CCPA Compliance from Ground Zero: Start to Finish with TrustArc SolutionsTrustArc
CCPA is in full effect and - as of July 1, 2020 - is being fully enforced. The “wait and see” game is officially over and organizations must be fully compliant in order to avoid regulatory fines and negative publicity. There are many requirements set forth by the CCPA, and building a strong compliance plan can be daunting. Not only does the compliance plan need to be set-up for future growth and changes, but it also needs the flexibility to produce on-demand, customized reports to provide to stakeholders.
TrustArc has helped organizations of all sizes and maturity with CCPA compliance from simple assessments to full automation. Investing time upfront to perform the proper analysis and planning is key to feeling confident that your CCPA compliance program will efficiently and effectively mitigate risk while meeting business objectives.
Join this webinar to see how TrustArc CCPA solutions help organizations of all sizes and maturity achieve and maintain compliance.
This webinar will review:
-Stages of CCPA program maturity
-TrustArc CCPA solutions for every stage of compliance
EMEA Quarterly Update: GDPR Two Years LaterTrustArc
Before 25 May, 2020, the European Commission will present the first official evaluation of the GDPR, two years after the entry into application of the new regulation. The European Data Protection Board has given their view, as have the EU Member States. During this webinar, we will discuss the first lessons learned from the GDPR, including from the private sector.
In addition, as is custom during the quarterly updates, we will provide you with an overview of the new guidelines from the European Data Protection Board and enforcement action from the various supervisory authorities. In addition, we will take a look beyond the European Union’s borders at what is happening in the Middle East and Africa.
This webinar will review:
- The lessons learned in the first two years the GDPR has been in effect;
- The guidelines of the European Data Protection Board;
- The enforcement of the GDPR at national and European level;
- Data protection developments in Africa and the Middle East;
- How TrustArc can support you stay up-to-date on data protection and privacy compliance in the EMEA region.
Evolving international privacy regulations and cross border data transfer - g...Ulf Mattsson
We will discuss the Evolving International Privacy Regulations. Cross Border Data Transfer for GDPR under Schrems II is now ruled by an EU court that defined what is required. This ruling can be far reaching for many businesses.
2020 Global Privacy Survey: Emerging Trends, Benchmarking Research and Best P...TrustArc
In May 2020, TrustArc conducted a comprehensive Global Privacy Benchmarks Survey of more than 1,500 senior executives, privacy office leaders, privacy team members, management, and full-time employees outside the privacy function. The survey findings include benchmarking data on how companies are managing their privacy programs, how they are complying with privacy requirements, and how new technologies are impacting existing practices.
Join this webinar to see how you stack up against your peers and gain insights into how companies are addressing the formidable challenges of privacy in 2020.
This webinar will review:
-How companies’ priorities and strategic approaches to data security and privacy are evolving and the most challenging elements of privacy management
-CCPA compliance readiness and key challenges
-The expected impact of COVID-19 and new technologies on the privacy function
When Big Data is Personal Data - Data Analytics in The Age of Privacy LawsTara Aaron
As data sets and analytics sophistication grow, so do consumer's concerns about their privacy and what is being done with their personal information. Legislatures around the world are beginning to respond to these concerns. We present an overview of the General Data Protection Regulation and the California Consumer Protection Act to help companies comply with the law and engender trust with the consumers whose data they hold.
Teleran Data Protection - Addressing 5 Critical GDPR RequirementsChris Doolittle
Learn how to quickly and cost effectively meet 5 critical General Data Protection Regulation (GDPR) requirements for structured data with Teleran's Data Protection and Compliance solution. Teleran's solution addresses these key GDPR mandates: Impact Assessments, Purpose Limitation, Data Security, Accountability and Documentation, and Breach Notification. Teleran’s software solution delivers integrated sensitive data discovery, audit and controls. There is little time left to address GDPR. Flexibility, automation, integration and flexibility are key to getting there quickly and cost efficiently.
2019 11-13 how to comply with ccpa as part of a global privacy strategyTrustArc
Recording link: https://info.trustarc.com/WB-2019-11-13-HowtoComplywithCCPAasPartofaGlobalPrivacyStrategy_RegPage.html
With the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other laws such as the Brazilian General Data Protection Law (LGPD), businesses must be prepared to comply with a variety of laws around the world.
Privacy is a complex, multi-level, concept which is now being regulated in more than 130 countries with more than 500 privacy laws. To be successful in complying with so many laws, businesses must develop a multi-jurisdictional approach to privacy laws that is consistent and predictable yet also not one-size-fits-all.
This webinar will help answer questions like:
-What are the additional privacy laws outside of the GDPR and CCPA law requirements you need to be aware of?
-How do you manage all data privacy to meet all applicable global requirements?
-How do you implement a multi-jurisdictional custom approach to address all applicable laws and regulations?
5 Signs Your Privacy Management Program is Not Working for YouTrustArc
GDPR, CCPA, and other privacy regulations have forced companies over the last five years to focus on building out a privacy management program regardless of their size or maturity. Privacy management can range from ad hoc decentralized spreadsheets to fully- optimized, technology- backed solutions, depending on the resources and support provided.
Whether you pulled together the bare minimum compliance requirements or built out an end-to-end privacy management program, the goal is to provide your internal stakeholders actionable insights to make strategic data-driven decisions.
Join this webinar to learn the five signs that signal your privacy management program isn’t built to last and find out how you can get on the road to recovery.
Key takeaways:
- The five signs that signal your privacy management program isn’t built to last
- What a privacy management program should include to provide actionable insights to make strategic data-driven decisions
Cookie Consent Regulatory Updates: How to Maintain ComplianceTrustArc
Staying up to date with the latest global cookie policy requirements can be difficult. Following the GDPR, there have been many recent rulings, legal commentary, and industry framework updates that have modified requirements – requiring organizations to stay hyper-vigilant in order to maintain cookie compliance.
As the upcoming Irish Data Protection Commission (the "DPC") October 2020 enforcement date approaches, organizations are scrambling to understand the consent mechanism updates and how to be able to stay agile enough to quickly implement future regulatory changes.
Join us as we walk through recent cookie policy updates and provide guidance on how to utilize TrustArc Cookie Consent Manager to help you meet the new regulatory requirements.
This webinar will review:
-Recent rulings and legal commentary (CJEU ruling, German Court, EDPB, Belgian DPA, Ireland DPA, and CNIL)
-Industry framework updates (IAB EU and CCPA)
-Upcoming regulatory requirements (CCPA, ePrivacy regulation)
The CCPA is set to be the toughest privacy law in the United States and a trailblazer for future state and potentially federal legislation. The Act expands the rights of consumers and requires businesses falling within its scope to be significantly more transparent about how they collect, use, and disclose personal information. Any business in scope are required to enhance their data management practices, expand their individual rights processes, and update their privacy policies by the 2020 deadline.
This webinar will review:
-10 step plan to reach CCPA compliance by the end of the year
-Key areas still under discussion and feedback from open forums
-How enforcement will work; private action and regulator enforcement
Codes of conduct for farm data sharing. Work done and ideas for a GODAN/CTA s...Valeria Pesce
Presentation given at the GODAN / CTA / KTBL workshop on "On legal and policy aspects of open data in agriculture affecting farmers" hed in Darmstadt on 25-26 July 2019.
Watch the on-demand webinar: https://info.trustarc.com/WB-2019-10-23-CCPASurvivalGuideMasteringConsentDoNotSellConsumerRightsandLookBackRequirements_RegPage.html
The CCPA compliance deadline is fast approaching. Whether you are just starting, or have been working on your program for months, chances are you are having a lot of last minute implementation questions. Join this session to hear from a panel of industry experts who have been working on the front lines with companies of all sizes across all industries as they share tips and best practices on how to handle key aspects of CCPA compliance. You will also have the opportunity to ask the experts questions.
This webinar will provide:
-Tips on how to implement Do Not Sell and manage consumer rights requests
-Best practices and tools to support look back reporting requirements
-Updated guidance on the latest CCPA requirements changes
Presented by Sheila Colclasure, Global Public Policy and Privacy, Americas Officer at the 2013 Racom IMC Roundtable. More info on this event at cadmef.org.
CCPA Update: What You Need to Know about CPRA & July 1st EnforcementTrustArc
The California Consumer Privacy Act (CCPA) continues to dominate headlines with the upcoming July 1, 2020 enforcement date and the proposed California Privacy Rights Act (CPRA) – aka CCPA 2.0. Companies who are in varying stages of preparing for CCPA compliance under the stress of the upcoming enforcement date and as yet unfinalized regulations, must now face the prospect of a ballot initiative which includes new definitions, expanded individual rights, and broadens the enforcement elements of the CCPA.
The California AG is expected to move forward with non-compliance enforcement even amid COVID-19. If companies don’t have a solid CCPA compliance plan in place, they are at risk of facing fines up to $7,500 per violation, in addition to any possible reputational damage.
This webinar will review:
-The differences between CCPA & CPRA
-What to expect for the July 1st enforcement date
-How to prepare for all possible scenarios
-Resources available to ensure compliance today and in the future
GDPR is the most significant change to data protection in a generation and an imminent global issue that will dominate data privacy, management and regulation discussions in 2017. According to recent research, over half of businesses lack preparedness for GDPR. With a quarter of the EU’s grace period over and with fines of up to €20 million (or 4% of global turnover), there is a lot at stake for companies falling behind the May 2018 deadline. So, where do you start?
Join renowned information security consultant and GDPR expert, Brian Honan, along with Tim Erlin, Senior Director, Security and IT Risk Strategist at Tripwire as they walk you through the essential steps to accelerate your GDPR preparedness.
In this session you will learn:
• The key facts about the GDPR regulations
• The implications of the new rules and how they will impact your business
• Practical steps your business can take to prepare
• How your existing security frameworks (ISO/NIST/CSC) can help set the foundation
• How Tripwire can help
CCPA Compliance from Ground Zero: Start to Finish with TrustArc SolutionsTrustArc
CCPA is in full effect and - as of July 1, 2020 - is being fully enforced. The “wait and see” game is officially over and organizations must be fully compliant in order to avoid regulatory fines and negative publicity. There are many requirements set forth by the CCPA, and building a strong compliance plan can be daunting. Not only does the compliance plan need to be set-up for future growth and changes, but it also needs the flexibility to produce on-demand, customized reports to provide to stakeholders.
TrustArc has helped organizations of all sizes and maturity with CCPA compliance from simple assessments to full automation. Investing time upfront to perform the proper analysis and planning is key to feeling confident that your CCPA compliance program will efficiently and effectively mitigate risk while meeting business objectives.
Join this webinar to see how TrustArc CCPA solutions help organizations of all sizes and maturity achieve and maintain compliance.
This webinar will review:
-Stages of CCPA program maturity
-TrustArc CCPA solutions for every stage of compliance
EMEA Quarterly Update: GDPR Two Years LaterTrustArc
Before 25 May, 2020, the European Commission will present the first official evaluation of the GDPR, two years after the entry into application of the new regulation. The European Data Protection Board has given their view, as have the EU Member States. During this webinar, we will discuss the first lessons learned from the GDPR, including from the private sector.
In addition, as is custom during the quarterly updates, we will provide you with an overview of the new guidelines from the European Data Protection Board and enforcement action from the various supervisory authorities. In addition, we will take a look beyond the European Union’s borders at what is happening in the Middle East and Africa.
This webinar will review:
- The lessons learned in the first two years the GDPR has been in effect;
- The guidelines of the European Data Protection Board;
- The enforcement of the GDPR at national and European level;
- Data protection developments in Africa and the Middle East;
- How TrustArc can support you stay up-to-date on data protection and privacy compliance in the EMEA region.
Evolving international privacy regulations and cross border data transfer - g...Ulf Mattsson
We will discuss the Evolving International Privacy Regulations. Cross Border Data Transfer for GDPR under Schrems II is now ruled by an EU court that defined what is required. This ruling can be far reaching for many businesses.
2020 Global Privacy Survey: Emerging Trends, Benchmarking Research and Best P...TrustArc
In May 2020, TrustArc conducted a comprehensive Global Privacy Benchmarks Survey of more than 1,500 senior executives, privacy office leaders, privacy team members, management, and full-time employees outside the privacy function. The survey findings include benchmarking data on how companies are managing their privacy programs, how they are complying with privacy requirements, and how new technologies are impacting existing practices.
Join this webinar to see how you stack up against your peers and gain insights into how companies are addressing the formidable challenges of privacy in 2020.
This webinar will review:
-How companies’ priorities and strategic approaches to data security and privacy are evolving and the most challenging elements of privacy management
-CCPA compliance readiness and key challenges
-The expected impact of COVID-19 and new technologies on the privacy function
When Big Data is Personal Data - Data Analytics in The Age of Privacy LawsTara Aaron
As data sets and analytics sophistication grow, so do consumer's concerns about their privacy and what is being done with their personal information. Legislatures around the world are beginning to respond to these concerns. We present an overview of the General Data Protection Regulation and the California Consumer Protection Act to help companies comply with the law and engender trust with the consumers whose data they hold.
Teleran Data Protection - Addressing 5 Critical GDPR RequirementsChris Doolittle
Learn how to quickly and cost effectively meet 5 critical General Data Protection Regulation (GDPR) requirements for structured data with Teleran's Data Protection and Compliance solution. Teleran's solution addresses these key GDPR mandates: Impact Assessments, Purpose Limitation, Data Security, Accountability and Documentation, and Breach Notification. Teleran’s software solution delivers integrated sensitive data discovery, audit and controls. There is little time left to address GDPR. Flexibility, automation, integration and flexibility are key to getting there quickly and cost efficiently.
2019 11-13 how to comply with ccpa as part of a global privacy strategyTrustArc
Recording link: https://info.trustarc.com/WB-2019-11-13-HowtoComplywithCCPAasPartofaGlobalPrivacyStrategy_RegPage.html
With the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other laws such as the Brazilian General Data Protection Law (LGPD), businesses must be prepared to comply with a variety of laws around the world.
Privacy is a complex, multi-level, concept which is now being regulated in more than 130 countries with more than 500 privacy laws. To be successful in complying with so many laws, businesses must develop a multi-jurisdictional approach to privacy laws that is consistent and predictable yet also not one-size-fits-all.
This webinar will help answer questions like:
-What are the additional privacy laws outside of the GDPR and CCPA law requirements you need to be aware of?
-How do you manage all data privacy to meet all applicable global requirements?
-How do you implement a multi-jurisdictional custom approach to address all applicable laws and regulations?
5 Signs Your Privacy Management Program is Not Working for YouTrustArc
GDPR, CCPA, and other privacy regulations have forced companies over the last five years to focus on building out a privacy management program regardless of their size or maturity. Privacy management can range from ad hoc decentralized spreadsheets to fully- optimized, technology- backed solutions, depending on the resources and support provided.
Whether you pulled together the bare minimum compliance requirements or built out an end-to-end privacy management program, the goal is to provide your internal stakeholders actionable insights to make strategic data-driven decisions.
Join this webinar to learn the five signs that signal your privacy management program isn’t built to last and find out how you can get on the road to recovery.
Key takeaways:
- The five signs that signal your privacy management program isn’t built to last
- What a privacy management program should include to provide actionable insights to make strategic data-driven decisions
Cookie Consent Regulatory Updates: How to Maintain ComplianceTrustArc
Staying up to date with the latest global cookie policy requirements can be difficult. Following the GDPR, there have been many recent rulings, legal commentary, and industry framework updates that have modified requirements – requiring organizations to stay hyper-vigilant in order to maintain cookie compliance.
As the upcoming Irish Data Protection Commission (the "DPC") October 2020 enforcement date approaches, organizations are scrambling to understand the consent mechanism updates and how to be able to stay agile enough to quickly implement future regulatory changes.
Join us as we walk through recent cookie policy updates and provide guidance on how to utilize TrustArc Cookie Consent Manager to help you meet the new regulatory requirements.
This webinar will review:
-Recent rulings and legal commentary (CJEU ruling, German Court, EDPB, Belgian DPA, Ireland DPA, and CNIL)
-Industry framework updates (IAB EU and CCPA)
-Upcoming regulatory requirements (CCPA, ePrivacy regulation)
The CCPA is set to be the toughest privacy law in the United States and a trailblazer for future state and potentially federal legislation. The Act expands the rights of consumers and requires businesses falling within its scope to be significantly more transparent about how they collect, use, and disclose personal information. Any business in scope are required to enhance their data management practices, expand their individual rights processes, and update their privacy policies by the 2020 deadline.
This webinar will review:
-10 step plan to reach CCPA compliance by the end of the year
-Key areas still under discussion and feedback from open forums
-How enforcement will work; private action and regulator enforcement
Codes of conduct for farm data sharing. Work done and ideas for a GODAN/CTA s...Valeria Pesce
Presentation given at the GODAN / CTA / KTBL workshop on "On legal and policy aspects of open data in agriculture affecting farmers" hed in Darmstadt on 25-26 July 2019.
Introduction to EU General Data Protection Regulation: Planning, Implementat...Financial Poise
The GDPR changed the way the world collects, stores, and sends personal data. The GDPR is a broad EU regulation that requires businesses to protect the personal data of EU citizens, whether the business itself is in the EU or elsewhere. Since its implementation in 2018, companies that collect data on EU citizens must comply with strict rules for the protection of personal data or face heavy fines for non-compliance. This webinar will provide an overview of GDPR’s applicability and requirements, as well as how your organization may meet those standards.
Introduction to EU General Data Protection Regulation: Planning, Implementati...Financial Poise
The GDPR changed the way the world collects, stores, and sends personal data.The GDPR is a broad EU regulation that requires businesses to protect the personal data of EU citizens, whether the business itself is in the EU or elsewhere. Since its implementation in 2018, companies that collect data on EU citizens must comply with strict rules for the protection of personal data or face heavy fines for non-compliance. This webinar will provide an overview of GDPR’s applicability and requirements, as well as how your organization may meet those standards.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/introduction-to-eu-general-data-protection-regulation-planning-implementation-and-compliance-2021/
TrustArc Webinar-Advertising, Privacy, and Data Management Working TogetherTrustArc
Today, more and more companies use advertising technologies (AdTech) to reach their consumers and better understand their preferences. This can lead to multiple data protection risks. Data privacy awareness is increasing due to seismic developments in the industry brought about by key players such as Google and Apple. In parallel, global regulations set stricter guidelines around the collection, storage, and use of personal data.
This is not over. With the decisions coming out soon on analytics, how will the advertising technologies landscape adjust? Ultimately, how can advertising, privacy, and data management work together?
Our panel in this webinar explored the practical steps your organization should take to ensure that its digital advertising practices are compliant with data protection laws.
This webinar reviews:
- The current practices and developments in the AdTech industry
- The laws and regulations governing AdTech
- How to address the privacy issues related to advertising technology
#1NWebinar: GDPR and Privacy Best Practices for Digital MarketersOne North
One North’s Managing Director of Technology Ryan Horner and legal process and technology consultant Bob Beach share details on how the EU’s General Data Protection Regulation (GDPR) could impact digital assets.
This webinar is designed to educate digital marketers, share actionable examples, and provide an overview of how One North can help clients ensure their digital properties are in compliance with the regulation and execute on those efforts. Beyond GDPR compliance, the session will also highlight important information for marketers as data privacy continues to become a critical and strategic component of digital.
Access the recording: https://youtu.be/ruQpN70LGt0
Bridging the Gap Between Privacy and RetentionInfoGoTo
This slideshare explores the vital connection between privacy and retention and explores some tools and approaches that can help organizations successfully manage them in tandem.
Introduction to US Privacy and Data Security: Regulations and RequirementsFinancial Poise
The United States has no federal data security or privacy law covering all businesses or all U.S. citizens. Instead, federal agencies and individual states have created their own patchwork of laws and regulations which must be evaluated for their application to a business.
This webinar will help you navigate the overlapping and sometimes confusing system of laws and regulations which may impact your business, ranging from emerging state-level privacy legislation to the numerous data breach notification statutes to cybersecurity regulations with extraterritorial effect.
Part of the webinar series: CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
Mobile Web and Apps World New Orleans Session 10 Patricia Poss Federal Trade ...NextVision Media
Mobile Apps for Kids: Current Privacy Disclosures are Dis app ointing
This session will lay out the key findings of the FTC’s staff report on kids apps, which recommends that players in the kids mobile app ecosystem provide better information to parents about apps’ data collection practices. We will also discuss the FTC’s recent privacy initiatives and their application to mobile channels.
Patricia Poss, Chief, BCP Mobile Technology Unit, Division of Financial Practices. Bureau of Consumer Protection - Federal Trade Commission
Impact of GDPR on Third Party and M&A SecurityEQS Group
GDPR impact has been dissected and examined to death - however, M&A activities, as well as third-party security posture, can be greatly affected as well, and this aspect has not been very often pursued. This session hopes to be useful for that.
Changes to EU data protection legislation are imminent and could have potentially devastating consequences for your business. Don’t be caught by surprise!
The DMA is keeping in close touch with developments as the European Parliament and Council prepare to debate this business-critical piece of legislation this autumn.
Caroline Roberts, Director of Public Affairs at the DMA will provide an update on the draft EU Data Protection Regulation and the DMA's lobbying activity.
Kathryn Wynn, Senior Associate at Pinsent Masons will discuss Big Data: Identifying the Opportunities and Overcoming the Legal Obstacles
As the deadline for GDPR approaches, it is time to get practical about protecting personal data.
We break down the steps for turning a data lake into a data hub with appropriate data management and governance activities: from capturing and reconciling personal data to providing for consent management, data anonymyzation, and the rights of the data subject.
A smart approach to GDPR compliance lays a foundation for personalized and profitable customer and employee relations.
Join us, as experts from MAPR and Talend show you how to:
Diagnose the maturity of your GDPR compliance
Set up milestones and priorities to reach compliance
Create a foundation to manage personal data through a data lake
Master compliance operations - from data inventory to data transfers to individual rights management
Legal Issues Associated with Third-Party Cyber RiskShawn Tuma
Cybersecurity & Data Privacy Attorney Shawn Tuma delivered the presentation Legal Issues Associated with Third-Party Risk at the ISACA CSX 2017 North America conference in Washington, DC.
Similar to Current Developments in AgTech Law Licensing Executive Society (20)
Startup Law 101 How to Avoid Legal Pitfalls that Could Doom Your Startup.pptxRoger Royse
A presentation of the legal issues that startups and their founders need to know and the common legal pitfalls that affect startup companies. Unlike more mature companies, startups typically do not have large legal budgets and in house legal counsel focused on legal compliance. Nevertheless, startups must be aware of and comply with law, especially with respect to the issues that are unique to startups.
The presentation covers those unique issues as well as the sometimes surprising and every evolving California rules. In particular, we summarize:
Corporate formation and choice of entity and law;
Securities laws;
Labor and employment and why virtually evert startup in California is probably out of compliance and what you can do about it;
Intellectual property strategies using patent, trademark and trade secret;
Protecting your business through agreements;
Protecting the founders from personal liability;
And more.
The speaker will draw on more than 30 years of startup experience in describing how to manage legal risk on a startup budget.
How Your Company is Affected by the CARES Act and Related LegislationRoger Royse
"Idea to IPO" Webinar description:
The U.S. government is providing relief and stimulating the economy through the $2 TRILLION CARES Act of 2020 and other measures to help corporations, small businesses, and people laid off due to the COVID-19 crisis.
The speaker will discuss:
1) What is the CARES Act of 2020?
2) What does the CARES Act of 2020 hope to achieve?
3) Will there be follow up programs to come?
4) How can entrepreneurs and small businesses benefit from the CARES ACT of 2020?
5) How does one go about applying for grants and loans administered under the CARES ACT of 2020?
6) What are the new rules relating to sick leave and paid leave?
7) What COVID-19 related tax incentives are available to companies?
and more!
How to Get Your Startup Ready for Venture Capital Funding (Idea To IPO)Roger Royse
Venture capital funding is seen as the holy grail for a startup, often improving the company’s chances of a big IPO or exit dramatically. Most companies start their lives with the hope, if not the expectation, that they will eventually receive venture funding. This presentation will cover what a company should do to prepare for venture funding, what steps to take, what the venture capitalists expect and how to avoid venture capital deal breakers.
The speaker will discuss:
1) what types of companies are candidates for venture capital funding
2) the essential assets, qualities or aspects that your company must have to approach a venture capitalist
3) how (and when) you should value your company for venture capitalists
4) how you can protect yourself against dilutive rounds, losing control and being removed from management
5) how to get your company in front of venture capitalists
and more!
Roger Royse discusses the most common legal mistakes made by entrepreneurs and startups. This presentation will focus on issues related to business formation, fundraising, employment, intellectual property, tax, and technology.
Startup Basics: How to Split the Pie, Raise Money and Reward ContributorsRoger Royse
What’s my startup worth? How much equity should founders have? How much equity should I give to employees and consultants? How much should I give the VC’s?
Silicon Valley startup attorney Roger Royse of the Royse Law Firm discusses the basic valuation and ownership issues involved in a startup’s life, from formation to financing to exit, including how to value your company and the contributions of stakeholders and investors at each step with a particular emphasis on different models, best practices and traps to avoid.
Startup Basics: Legal, Business, and Financing StrategiesRoger Royse
Launching a startup - or starting a business - is challenging and is fraught with pitfalls.
Roger Royse, the founder of Royse Law Firm, will discus the basics of building a successful business and how to what mistakes to avoid. Roger will discuss:
1) How should entrepreneurs structure their business?
2) How should founders divide equity?
3) What’s the difference between a contractor and an employee?
4) How does a startup get funded?
5) What is an ICO?
6) How does an entrepreneur successfully negotiate with a VC?
7) How viable is crowdfunding in 2019?
8) How should entrepreneurs protect their intellectual property?
and more!
Funding 101 for Tech Entrepreneurs & StartupsRoger Royse
Roger Royse, founder of the Royse Law Firm, discusses the various options available to entrepreneurs when it comes to funding their startup.
Topics include:
1) What are the best funding options for entrepreneurs to scale their business?
2) When should entrepreneurs pursue external funding?
3) How do entrepreneurs choose the right investor?
4) What alternative sources of funding are available?
5) How and why should a founder stage their funding rounds?
6) When should a founder think about exiting?
7) How can advisors help with the funding process?
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Current Developments in AgTech Law Licensing Executive Society
1. Roger Royse
Founder, Royse Law Firm
rroyse@rroyselaw.com
twitter: @rroyse00
Royse Law Firm, PC
www.rroyselaw.com
IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that any tax advice contained in this communication,
including any attachment to this communication, is not intended or written to be used, by any taxpayer for the purpose of (1) avoiding penalties under the Internal
Revenue Code or (2) promoting or recommending to any other person any transaction or matter addressed herein.
Current Developments in AgTech Law
Licensing Executive Society
Tuesday, 12/13/2016
3. Recent Activity in AgTech Financings
• 307 deals with 425
unique investors
totaling $1.8 billion in
the first half of 2016
• $4.6 billion 2015 total
funding
4. • Global Farm Economy Slump
• Family farms are thriving.
• Farm Labor Shortage.
• Consumers are reconnecting
with food production.
• Local
How Has Farming Changed?
5. • A Platform of Hardware and Software Technologies
• Optimize efficiencies
• Increase production
• access new markets,
• capture useful data,
• reduce agricultural inputs Data and privacy
standards
• Highly specific and automated applications
• “push every acre to its maximum potential”
What is Precision Agriculture
6. • Farm data
• Data and privacy standards
• Use of drones
• Benefits/problems
• Legality
• Regulatory issues
• Market Issues
Overview Issues
7. • Farm Data
• Site specific data
• Seeding rates, Soil nutrients, Fertilizer, Pesticides, Water,
Yield data
• Meta Data
• Number of Acres, Inputs applied, Crops
• Big Data: aggregated farm data from numerous
operations
• ATP: Agricultural Technology Provider
Defined Terms
8. • AgTech Licenses: tech startups using standard EULA
• SaaS, Terms of Services, Browser and Click Wrap
• Issues
Is Digital Data Property, and who owns it?
• Who has rights to possess, use, enjoy, exclude, transfer, and
consume?
• What are the rights and responsibilities of the parties?
How can growers access the data?
• Export all of their imported, generated, and recommended data
from a company’s software program
Is the data accurate and presented in a useful way?
Trade secret protection (UTSA)
• Information
• Independent economic value from not being known
• Reasonable efforts to maintain secrecy
AgData: Ownership, Access, and Use
9. Farmers want to retain ownership of their data
• Can they take the data with them if they discontinue use of the service?
Do all the parties have the appropriate rights to use the data?
Farmers are concerned about who ends up with the data
• Wall Street traders could manipulate market prices
• EPA could look for potential regulatory violations
• Retailers could use the information to sell new parts when an existing part needs replacing
or to set prices
Ownership, Use, and Disclosure of Data
10. Ownership, Access, and Control of Data are major issues
• 2013 EPA CAFO Data Incident
– Earth Justice, the Natural Resources Defense Council and the Pew Charitable Trust made a FOIA
request
– They were given information on roughly 80,000 farmers and ranchers including personal data that
the EPA did initial protect, but later redacted after it was made publicly available
• Smart Farming May Increase Cyber Targeting Against US Food and Agriculture Sector, Joint Private
Industry Notification of USDA and FBI Cyber Division, March 31, 2016
Issues in AgTech Data
11. • What is aggregated or “blind” data?
– Data combined from two or more sources
– Typically stated as “anonymized”
•But is it truly anonymized?
– Is all personal data removed?
– Are there sufficiently numerous sources to ensure anonymization, especially for a
small startup?
– Can the aggregated data be reverse engineered in order to find out where the
data originated?
•Again, aggregated data is required for the software companies,but precautions
should be taken to ensure it’s truly anonymized.
Blind Data
12. • Farmers are becoming increasingly aware of the need to protect their data and
enforce their ownership rights through stakeholders
– Government
– Input Providers
– Trade Groups
– Startups
• Stakeholders are trying to implement a common set of data and privacy
standards to guide Agriculture Technology Farmers (ATPs), farmers, and other
contracting parties on what are appropriate contract terms
AgTech Data and Privacy Objectives
13. •Open Ag Data Alliance (OADA)
– Open data sharing standards (API’s) and open source software libraries, March 2014
•American Farm Bureau Federation (AFBF) Privacy and Security Principles of Farm Data
– Affirmed by 39 Ag entities as of April 1, 2016
– Originally known as the 2014 Farm Data Principles Agriculture Data Coalition
•Agriculture Data Coalition (ADC)
– Partnership of agriculture stakeholders focused on building a “farmer-centric data repository
where farmers can securely store and control the information collected every day in the fields by their
tractors, harvesters, aerial imaging and other devices.” (March 2016)
•Farmobile, Inc. -- Ag Data Collection Startup
– Farm Data MarketPlace where Farmobile collects offers from companies that want to use the
farmer’s data, whole transaction is governed by Farmobile’s legal agreements
•“Guiding Principles” Independently Developed by Ag Companies
– Ex. Climate Corp, Farmer’s Business Network, John Deere
Current AgTech Data Standards
14. AFBF Principles include the following key provisions that should be incorporated
into contracts:
•Easy to understand language
•Farmers should own information generated through their farming activities and any use of
that data by the ATP is only with the explicit and affirmative consent of the farmer
•ATPs shall notify farmers how their data is to be used, with whom it will be shared, and for
what purpose
•Farmers should be able to retrieve their data for use with other systems
•ATPs shall not sell or disclose a farmer’s data to other parties without notifying the farmer
and without that other party agreeing to the same terms as the farmer
•ATPs shall use reasonable security safeguards to protect against risk of loss or theft of data
AFBF Privacy and Security Principles
15. The standards provide strong protections for farmers, but may not be
workable
•Many farmers are not able to negotiate terms and may feel like they are in a “take it or
leave it” position.
•The business model of some ATPs is the collection and presentation of data and a
subscription model is common
– The ATP will not want to let farmers take this data with them once they are no longer paying
for the service.
•The contract terms are necessarily complicated because of the multiple agreements in
place
– Not easy to reduce the terms down into something easily digestible.
Workable Standards?
16. Current Industry “M.O.”: Agriculture is a handshake industry
•Agriculture is driven by personal interactions, not formal agreements.
•Farmers tend to prefer to “kick the tires” for on-farm products.
•Pre-revenue transactions, like field trials (including university trials) are done without agreements.
Issue: Without a contract, different laws are implicated that these parties never
anticipated.
•Intellectual Property: Trade secret disclosure, ownership of IP (patents, data, “results and
recommendations”).
•Contract Law: Implied contract principles.
•Torts: “Negligence” damages for startups who are providing services.
Solution: Education and information on importance of formal agreement.
Problem: Lack of Formal Agreement
17. Scenario #1: VineLabs, Inc. and GrapeGrower, Co.
Facts:
– VineLabs created a software program (“Program”) that: (1) gathers data during the growing
season; (2) overlays the collected data with other third party data; (3) generates a yield prediction
from the aggregated data.
– GrapeGrower wants to test the Program, but does not want its data to be used for “precision
agriculture” that could benefit its competitors.
Party Objectives:
– VineLabs: gather, aggregate, and use GrapeGrower’s data and generated data to improve
software program.
– GrapeGrower: all ownership and control rights to its data, including data generated by the
Program → freeze out competition or push low acquisition price of VineLabs.
Negotiating Data Clauses
18. Resolution Objectives:
In General:
– Ensure VineLabs has the necessary licenses and permissions to use and aggregate the data.
– Draft clear and conspicuous protocols regarding the use of GrapeGrower’s data and how it will be
used.
– Prevent overbroad definition of GrapeGrower’s data.
Specific:
– Clearly define and describe rights to data:
• Data Defined: “Any and all data, information, or materials provided by GrapeGrower or
collected through the Program in connection with GrapeGrower’s use thereof or any services provided
by VineLabs.”
• VineLabs Data Rights: Blind data and any and all recommendations and/or improvements
to the underlying algorithms resulting from data collected or “Feedback” provided by GrapeGrower
– Include a broad license for VineLabs to use blind or anonymized data in (1) any manner (preferable)
or (2) solely in order to improve the Program and related services (less preferable) or (3) solely as necessary
to provide services to GrapeGrower (least preferable).
– Include a broad license for VineLabs to use and incorporate Feedback
Negotiating Data Clauses
19. Scenario #2: FreshFruit, LLC and MegaDistribution, Inc. (MegaD)
Facts:
– FreshFruit created a software program (“Program”) that: (1) gathers image data taken of
produce and provides “fresh-vision”; (2) overlays the collected data with data regarding source of
produce (i.e. grower, distributor, # of days/weeks since harvested); (3) generates data base of
relationships of source v. freshness parameters.
– MegaD wants to test the Program, but is protective of proprietary data, namely, produce
grower and delivery information.
Party Objectives:
– FreshFruit: Gather, aggregate, and use MegaD’s data and generated data to improve software
program.
– MegaD: All ownership and control rights to its data, including data generated by the Program.
Negotiating Data Clauses
20. Resolution Objectives:
In General:
– Ensure FreshFruit has the necessary licenses and permissions to use and aggregate the data.
– Draft clear and conspicuous protocols regarding the use of MegaD’s data and how it will be
used.
– Prevent overbroad definition of data → exclusions for Blind Data.
Specific:
– Clearly define data:
• “all data, information, or materials provided by MegaD or collected through the
Program in connection with MegaD’s use of the Program and any services provided by FreshFruit
in connection therewith.”
– Exclude Blind Data from definition of Confidential Information.
– Include a broad license for FreshFruit to use Blind Data in (1) any manner (preferable) or (2)
solely in order to improve the Program and related services (less preferable).
– Include reasonable confidentiality obligations for FreshFruit.
Negotiating Data Clauses
21. Scenario #3: AerialAg, Inc. and HiddenFarms, Co.
Facts:
– AerialAg collects farm data through sensors and drones then provides recommendations and
results through its online software platform (collectively, the “Services”).
– HiddenFarms wants AerialAg to provide the Services, but is hesitant of the use and
inadvertent disclosure of proprietary farm data.
Party Objectives:
– AerialAg: Gather, aggregate, and use HiddenFarms’ data and generated data to improve its
Services, in particular, to improve recommendation algorithms.
– Hiddenfarms: Protect against disclosure or use of HiddenFarms’ Confidential Information
(which may include, geolocation information, soil composites, and growth/harvesting processes).
Negotiating Data Clauses
22. Resolution Objectives:
In General:
– Ensure AerialAg has the necessary licenses and permissions to use and aggregate the data.
– Draft clear and conspicuous protocols regarding the use of HiddenFarms’ data and how it will
be used.
Specific:
– Clearly define Confidential Information (negotiate to exclude “geolocation” and other
necessary data to enable Services to optimize precision agriculture practices.
– Exclude Blind Data from definition of Confidential Information.
– Include a broad and perpetual license for AerialAg to use Blind Data in (1) any manner
(preferable) or (2) solely in order to improve the Services (less preferable).
Negotiating Data Clauses
23. • General right to maintain software
• Digital Millennium Copyright Act (DMCA) of 1998
• Criminalizes acts of circumventing “digital locks”.
• DRM rules were originally designed to prevent someone
from copying a video game or jailbreaking a game console
to play unlicensed games.
• JOHN DEERE: “ownership of equipment does not
include the right to copy, modify or distribute
software that is embedded in that equipment.”
• Exemption of Automotive Software
• Available on October 28, 2016.
• When circumvention is "a necessary step . . . to allow the
diagnosis, repair or lawful modification of a vehicle
function”.
• Only available to "authorized owner" of the vehicle.
• Expire on October 28, 2018.
DMCA and Copyright Exemptions
24. • The global market for agricultural drones, currently
estimated at $494 million is anticipated to reach $3.69
billion by 2022.
Agriculture Drones
25. • Use of drones for agriculture
• Monitor land for weeds and weather damage
• Collect data on land
• Concerns/problems with the use of drones
• Privacy issues: Not a huge concern with farmland,
• Safety issues: Collisions and Crashes
• Use problems
• Cost of entry: hardware is cheap, software is not.
• Battery life
• Connectivity
• Presentation of data
Agriculture Drones
26. Agriculture Drones
• Drones could revolutionize farming through:
• Mass data collection
• Surveying land and planting seeds
• Surgical precision in the use of pesticides, fertilizer, and
water
• Brazil and Japan already use drones in agriculture. In
US, FAA issued new rules to regulate commercial use
of drones in 2016
• Safety and privacy concerns that affect urban areas
may not apply to farms
• However, farmers are concerned that drones will be used
by environmental groups to spy on and monitor their
operations
27. FAA Rules for Commercial Drones (Part 107)
Daylight-only operations; or Civil twilight with
appropriate anti-collision light (30 mins before
sunrise to 30 mins after sunset).
Visual line-of-sight only
• Max Weight: 55 lbs
• Max Speed: 100 mph
• Max Altitude: 400 ft.
Operator requirements:
• At least 16 years old
• Demonstrate aeronautical
knowledge
• Obtain operating certificate
• Vetted by TSA
28. • GEC is the new unregulated GMO
Gene Edited Crops
Bacteria Use
Use in
Higher
Organisms
Who Invented CRISPR? Any Overlap?
Final resolution may not come until 2018 or 2019.
UC Berkeley vs. Broad Institute of MIT and Harvard
Filed First Approved First
• No more foreign DNA or transgenic gene delivery
• Cut DNA at targeted location in the genome and insert desired genes in that
place
• Cheaper and quicker than GMO technology
• CRISPR Cas-9 technique: Enables geneticists to edit parts of the genome by
removing, adding or altering sections of the DNA sequence
29. • Legality: There is none!!!
• Zero regulatory oversight for GECS.
• Coordinated Framework for Regulation of Biotechnology only
regulates GMO technology.
• April 2016: USDA confirmed twice it cannot regulate GECs
but the GM regulatory framework was written to only handle
GM modified products.
• The EU is also still considering whether to class gene-edited
plants as genetically modified.
• Hope that new regulations will be science-based and more
flexible to evolve with new technologies rather than piece
meal technology based legislation.
Gene Edited Crops
30. • May be anti-trust issues with ATPs that collect and share data
on prices of products or inputs
Section 1 of the Sherman Act
• Collusion: “unreasonably restrain competition”.
• agreement to fix price; agreement to allocate markets; agreements to
boycott particular customers, suppliers or competitors, etc.
• Knowledge of prices could reduce competition in the market and
stabilize prices which is often seen as bad for consumers
Section 2 of the Sherman Act
• Monopolization or Attempt to Monopolize
• Although it is not easy to find Monopolization
Clayton Act
• Anticompetitive Mergers
• Bayer-Monsanto Merger: Shareholders of Monsanto approved on 12/12/16
• ChemChina-Syngenta Merger
• Dow Chemical-DuPont Merger
Anti-Trust
31. • Contracts
• ATPs must balance complex contracts with the need to
provide farmers with straightforward information
• Lots of inherent complexity, especially when the ATP sells
combined hardware and software
• For example, there could be software on the hardware, separate
software sold to the farmer for use on a personal computer, and
a SAAS subscription all as part of one service
• All the software will have different terms of use
• Farmers often work with dealers
• Dealers sometimes collect and input the data
• Who has the relationship with the dealer? The farmer or the
ATP?
• Need to ensure all the parties have the correct licenses
• ATPs should consider using FAQs on their website to
answer questions from farmers
• Need to ensure answers to FAQs are consistent with privacy
policies, end user agreements, etc.
IP Issues
32. • Monetization
• Sale of software and add-ons
• Patents
• Hardware and software
• Big Data
• Reports
• Aggregated data
• Must have rights to use the data in this way
• Subscription services
IP Issues
33. The Innovation Network supports companies focused on
creating new technologies for the ag and food industries
Royse University: Providing business, tax, technology and
personal finance ideas to founders and executives.
Royse Law Presents: Supporting the Tech and legal
community through events, networking, and webinars
Royse Law Incorporator: Incorporate your company the
Silicon Valley way.
RoyseLawIncorporator.com
RoyseUniversity.com
RoyseAgTech.com
RoyseLawPresents
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Menlo Park Office: 650-813-9700
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