In May 2022, the European Commission published a proposal to establish a European Health Data Space (“EHDS”). The Commission’s EHDS proposal aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use). The European Commission’s aim is
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EU Markets in Crypto-Assets Regulation Enters into Force Soon
The much-debated Markets in Crypto-Assets (MiCA) Regulation is expected to enter into force in early 2023. MiCA is intended to close gaps in existing EU financial services legislation by establishing a harmonized set of rules for crypto-assets and related activities and services. Among other things, MiCA imposes restrictions on the issuance and use of stablecoins. …
Tokenization, Ownership and Intellectual Property Rights
Tokenization is the process of taking real-world assets and having them represented by digital tokens that can be traded on a blockchain. Tokenization can be a valuable tool for automating business processes and facilitating investment in fractional portions of an asset. However, the success of any tokenization project depends on the laws applicable to the…
EU Commission Proposes New Liability Rules on Products and AI
By Benjamin Beck & Anna Lohoff
On 28 September 2022, the European Commission adopted proposals for two directives adapting non-contractual civil liability rules to artificial intelligence (“AI”). The proposed AI Liability Directive aims at targeted harmonization measures on civil liability for AI among the EU member states. The revised Product Liability Directive proposes adaptations to the producer’s no-fault (strict) liability for…
Germany Ratifies EU Unified Patent Court (UPC) Agreement, but Prospects for the UPC Remain Uncertain
On 7 August 2021, Germany formally ratified the Agreement on a Unified EU Patent Court (“UPC Agreement”). The ratification came after battles in recent years over the constitutionality of the ratification bill. In 2017, the German ratification was put on hold because a constitutional complaint had argued that the German law approving the UPC Agreement…
Germany Passes Law to Restrict Injunctive Relief in Patent Cases by Proportionality Considerations
The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law, injunctions in patent infringement cases will be restricted by proportionality considerations in individual cases. Further, stronger procedural safeguards will become available for the disclosure of confidential information during…
The European Union Proposes New Legal Framework for Artificial Intelligence
On 21 April 2021, the European Commission proposed a new, transformative legal framework to govern the use of artificial intelligence (AI) in the European Union. The proposal adopts a risk-based approach whereby the uses of artificial intelligence are categorised and restricted according to whether they pose an unacceptable, high, or low risk to human safety…
European Data Protection Board Issues Opinions on European Commission’s Draft UK Adequacy Decisions
On 13 April 2021, the European Data Protection Board (“EDPB”) adopted two opinions (“Opinions”) concerning draft UK adequacy decisions published by the European Commission which would permit the free flow of personal data from the European Economic Area (“EEA”) to the UK in the post-Brexit world. The Opinions largely support the draft UK adequacy decisions…
Data Protection Developments in Europe – Supply Chain and Distribution
By Oliver Yaros
In an increasingly interconnected world, preserving the free flow of data across borders is crucial to the prosperity of businesses operating in every industry. But over the last year, there have been a number of important data protection developments in Europe that have a direct impact on the supply chain and distribution arrangements operated by…
German Data Protection Authority Decides on Supplementary Measures for International Data Transfers
A decision issued on 15 March 2021 by the Bavarian Data Protection Authority (“BayLDA”, publication pending) is the first German enforcement action in connection with last year’s decision of the Court of Justice of the European Union (“CJEU”, “CJEU’s Decision”) on the validity of the European Commission’s Standard Contractual Clauses (“SCCs”) and the EU-US Privacy…