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Life with GDPR

A Compliance Roadmap for ADS/ADMT – Part 2: Understanding Opt-In and Opt-Out Requirements

Welcome to a special series on Life with GDPR. Over the next five episodes, Tom Fox and Alyssa DeSimone, a legal/compliance & risk management expert, with an extensive background in HR,  will discuss the complex topic of a Compliance Roadmap for ADS/ADMT.

In this second episode, Tom Fox and Alyssa DeSimone review the opt-in and opt-out requirements introduced in the recent updates to the California Consumer Privacy Act (CCPA). They discuss what opting in and out entails, the concept of anti-retaliation in this context, and how disparate impact analysis can help regulators assess compliance. Additionally, they explore the importance of clear communication and training for HR departments on the use of AI in hiring, as well as the role of vendors in ensuring compliance. The episode wraps up with a discussion on the ambiguous term ‘significant decision making’ and its potential for litigation.

Key highlights:

  • Understanding Opt-In and Opt-Out Requirements
  • Anti-Retaliation Measures
  • Disparate Impact Analysis
  • Applicant Rights and Training
  • Vendor Collaboration and Compliance
  • Significant Decision Making

Resources:

Connect with Tom Fox

Connect with Alyssa DeSimone

Life with GDPR was recently honored as a Top Data Security Podcast

Categories
Life with GDPR

A Compliance Roadmap for ADS/ADMT – Part 1: Introduction & Jurisdiction

Welcome to a special series on Life with GDPR. Over the next five episodes, Tom Fox and Alyssa DeSimone, a legal/compliance & risk management expert with an extensive background in HR, will discuss the complex topic of a Compliance Roadmap for ADS/ADMT.

In this first episode, we break down the essentials of ADS/ADMT, focusing on who is covered, the nuances of jurisdiction, and the broader business implications of evolving employment laws. ADS is an automated decision system, and ADMT is an automated decision-making technology. Whether you are an HR professional, compliance professional, or legal eagle, this discussion will help you navigate the complexities of compliance in a changing legal landscape.

Key highlights:

  • What is ADS/ADMT?
  • Applies to 5+ employees (including part-time/out-of-state).
  • Coverage limits for out-of-state conduct.
  • Jurisdiction can reach beyond California.
  • Risk mitigation tips for businesses.

Resources:

Connect with Tom Fox

Connect with Alyssa DeSimone

Life with GDPR was recently honored as a Top Data Security Podcast