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Security, scale or functionality – pick two. This computer science principle coined by the late Professor Anderson is particularly relevant to the FemTech industry.  Anderson’s Rule states that for a system to provide high functionality and security, its access may need to be limited (small scale); alternatively, offering high functionality on a larger scale, may require an acceptance of risk, e.g. of inadvertent or deliberate disclosure of information. In real life systems - including FemTech technologies - a balance must be struck. It is no surprise, then, that  the regulatory landscape for FemTech is complex and fragmented.  Different jurisdictions approach the question of health/medical data in diverse  ways and apply different laws and standards to the protection of personal data.  All these rules are ultimately intended to mitigate the risks to personal data posed by large databases of sensitive personal information while facilitating the benefits.  In part two of our series, we examine the UK, and EU regulatory privacy landscapes and enforcement priorities and how they apply to the FemTech sector.

The Equal Employment Opportunity Commission (“EEOC”) recently issued regulations implementing the Pregnant Workers Fairness Act (the “PWFA”). Although the PWFA has been in effect for almost a year, the regulations serve to emphasize its broad scope and provide a reminder about important differences between the PWFA and another federal statute that requires workplace accommodations, the Americans with Disabilities Act (ADA).

Last year was a pivotal one for data privacy, as privacy received substantial attention from many regulators, including the Federal Trade Commission (“FTC”). Looking back at the FTC’s 2023 enforcement actions, statements and policies provides attorneys and clients with a helpful compliance roadmap of what is to come.

Details of how the recently confirmed operational reforms to improve the NSIP planning process will work in practice are beginning to emerge. We have previously reported on which of the proposed operational reforms are confirmed, but following publication in April 2024 of various amendment regulations, new National Infrastructure Planning Guidance and PINS' launch of a new online platform, we now have a clearer understanding of the changes and how they will work in practice.