Technologie

Aktuelle eAlerts

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  01.12.2023

  Deutschland

  Disharmony between Data Act and GDPR

  The draft EU Data Act applies in addition to the GDPR. It is not sufficiently aligned with the existing regulation.On 9 November 2023, the European Parliament adopted the EU Data Act by a large majority, after having previously agreed it with the Council in an informal trilogue (text of the EU Data Act). The goal of the EU Data Act is to create a starting framework for data sharing in the European internal market. It therefore naturally clashes with the traditional understanding of data protection, which aims to improve data economy and avoid the dissemination of data. Does the EU Data...

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  23.11.2023

  United Kingdom

  Patentability of AI inventions: High Court offers a helping hand (Emotional Perception v Comptroller)

  Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has recently provided an answer (overturning the UKIPO’s original decision): such systems are patentable. In a decision which will delight AI innovators, Justice Mann held that the invention in question did not even constitute a computer program, let alone a computer program ‘as such’. Even if the invention was a computer program, Justice Mann considered that it had a technical...

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  23.11.2023

  United Kingdom

  Autumn Statement 2023 – Key tax announcements

  The Chancellor opened his speech with a statement that, “Our plan for the British economy is working, but the work is not done”.  Consistent, perhaps, with the tone of that message, yesterday’s announcements offered few real surprises, with the headline measures – on NI changes and full expensing – already widely anticipated.A summary of the key announcements follows.Tax measures for individuals (employees & self-employed)National Insurance Contributions (NICs) ratesIn relation to NICs, the Chancellor has announced the following.The main rate of Class 1 National...

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  21.11.2023

  Deutschland

  Lawfulness of AI-assisted advertising under the German Unfair Competition Act

  Anyone using AI for advertising purposes should carefully check whether the intended use of the AI is lawful under unfair competition law.Using artificial intelligence (AI) in marketing and sales is seen as a factor that drives companies' success. With the help of AI, companies can automate their marketing and make it more efficient. AI-assisted data analysis makes it possible to better understand and predict customers' behaviour. Systems that use AI can show customers personalised promotions and prices in a fully automated process. AI chatbots can contact potential customers directly.The many...

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  20.11.2023

  Ungarn

  Hungary adopts national legislation to complement the Digital Services Act

  The Hungarian parliament published the draft DSA Executive Act, which offers specific rules for online intermediary services with the aim of establishing the necessary national legal framework for the implementation of Regulation (EU) 2022/2065 on a Single Market for Digital Services (DSA). The Act sets down procedural safeguards that are essential for the application and enforcement of the DSA and touches upon issues such as the consequences for breaching the DSA, the appointment of the national digital services coordinator, and the definition of the coordinator’s powers and competencies.Organisations...

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  17.11.2023

  United Kingdom

  Proposed legislation would radically expand the UK’s class action regime

  15 November 2023 saw publication of two proposed amendments to the Digital Markets, Competition and Consumers Bill that would have significant impacts on the UK’s class action regime:First, a proposed amendment, introduced by Sir Robert Buckland, to expand the jurisdiction of the UK Competition Appeal Tribunal (the “CAT”) to consumer class actions (the “Buckland Amendment”).  At present, the CAT only has jurisdiction for competition class actions.Second, a proposal to reverse the effect of the Supreme Court’s decision in PACCAR, in relation to damages claims...

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