California’s AI Executive Order Establishes New Trust and Safety Procurement Standards | Wiley Rein LLP
https://www.jdsupra.com/legalnews/california-s-ai-executive-order-3297512/
Publish Date: 2026-04-07 13:03:00
Source Domain: www.jdsupra.com
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California Governor Gavin Newsom issued Executive Order N-5-26 on March 30, emphasizing the responsible use of GenAI and ensuring new AI tools are deployed transparently with privacy and civil liberties protections.
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The directives mandate the California Department of Technology and Department of General Services to set new trust and safety obligations on AI firms seeking to contract with California agencies.
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The California Government Operations Agency, DGS, and CDT are directed to create procurement certifications verifying entities’ commitments to public safety, including policies against illegal content deployment and harmful bias, among other safeguards.
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The state Chief Information Security Officer is tasked to review federal supply chain risk designations, potentially issuing guidance to permit procurement from companies deemed risky by the federal government if deemed improper.
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There are additional reforms recommended for contractor responsibility concerning authorities for contractor suspension and ineligibility, ensuring state contracts are void of entities that have unlawfully compromised privacy or civil liberties.
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California agencies are to explore additional uses of GenAI, including pilot applications using AI for government services, updating the State Digital Strategy, expanding training in emerging technologies, and publishing a data minimization toolkit with best practices.
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CDT and GovOps will issue guidance on best practices for watermarking AI-generated multimedia within 120 days.
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This order is an extension of earlier executive directives that emphasized AI innovation, responsible procurement, and pilot implementation, significantly impacting the state’s AI contracting policies for future state procurement processes.
