LAW 331 - AI, Cybersecurity, and Data Privacy Advanced Negotiations

This one-credit course focuses on the complex and emerging world of artificial intelligence (“AI”), cybersecurity, and data privacy contract negotiation. High-stakes software deals now involve the negotiation of these complex terms, often in entire “supplements” to agreements. Centering on both the legal and practical aspects of these agreements, this seminar will provide a full view of how new statutory frameworks require specific elements in contracts between parties sharing or processing information.
There are nineteen state data privacy laws in varying states of enactment, spanning from California’s Consumer Privacy Act (“CCPA”) to Virginia’s own Consumer Data Protection Act (“VCDPA”). Each of these laws requires language that must be included in parties’ contracts concerning the processing of personal data. Globally, Europe, China, and a host of other countries have similar concerns, including over the transfer of personal data to the United States. These issues, layered on top of cybersecurity provisions, create a highly technical and complex web of agreed terms that are necessary in modern contracts. With the advent of AI and the new regulatory frameworks (including contractual provisions) that are emerging in Europe and, stateside in Colorado, students will learn how to apply these laws to contracts.
Students will also learn the dynamic “market” of negotiations, the give-take between data privacy and security, and how to manage high-risk scenarios. Students will be assessed with hands-on assignments and graded on pass/fail.