Publication date:
Publication from:
An online meeting took place as part of the ITU Global Talks international webinar format, organised by the IT Ukraine Association with the participation of ITU Partner Avitar. The topic of the meeting was ‘Legal Aspects of Running a Tech Business in the USA’.
The speaker of the event, Myroslav Khmarskyi, Partner and E-commerce compliance specialist at Avitar, shared insights on how the American regulator thinks and operates, aspects that startups often overlook when entering the U.S. market, the new AI compliance requirements that need to be considered, and key marketing nuances crucial for success in this market.
Among the information shared:
One of the main points highlighted by the speaker is the nature of the American regulator’s work. In the U.S., regulators act very cautiously: they first “record” all actions, then “wait,” and can “strike” unexpectedly and strongly when a business reaches certain milestones.
Startups often overlook important factors when entering the U.S. market, such as proper legal business architecture, physical presence in the country, and intellectual property protection. These can include patents, trademarks, as well as rights to code and design, which are crucial for business success.
Regarding the new AI compliance requirements, companies must be transparent about the capabilities of artificial intelligence. It’s essential to clearly define algorithms and responsibility for their use, as well as to protect users’ personal data.
Another important aspect is marketing activities. The U.S. Federal Trade Commission (FTC) strictly controls marketing practices, specifically banning misleading advertising and regulating telemarketing. Companies must ensure they obtain clear consent from users for the processing of their personal data and for communication through various channels.
It’s also essential to remember that properly drafting Terms and Conditions on your website or app can be a decisive factor. You must clearly state who owns the rights to your product and specify responsibility for AI usage and accessibility for people with disabilities.
Got questions? Use Є-Support — the free legal consultation service, also offering cybersecurity consultations for ITU Members.
