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Buchalter | November 2024

November 15, 2024 By: Artin Betpera, Christina Morgan and David Liu I. Introduction Any business operating a website needs to be aware of the proliferation of lawsuits targeting websites which use any type of customer tracking technology.  While advantageous to the business in its marketing efforts, the data collection subjects the business to potential liability ...

Mamo TCV Advocates | November 2024

  Chapter 647 of the Laws of Malta, titled the Markets In Crypto-Assets Act (hereinafter referred to as “Chapter 647”), integrates all aspects of Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) ...

Shoosmiths LLP | November 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. Given that cloud-based architecture is now considered the industry-norm, data centres have become the custodians of the vast majority of our digital economy and form a core aspect of any critical infrastructure or service ...

On October 11, 2024, the United States Department of Defense (DOD) published a final rule implementing its Cybersecurity Maturity Model Certification (CMMC) program, which is designed to verify that defense contractors are adequately protecting sensitive information from cybersecurity threats.   The CMMC applies to contractors who process, store, or transmit Controlled Unclassified Information (CUI) or Federal Contract Information (FCI), which is most DOD contractors ...

Krogerus | November 2024

The Krogerus Data Symposium 2024 brought together hundreds of data and AI experts on 23 October at Lasipalatsi to discuss the upcoming changes brought by the Data Act and the AI Act. This year, the programme highlighted both the practical challenges and opportunities that technological advancements and the EU legislator's responses to them will present to companies' operations ...

Mamo TCV Advocates | November 2024

  1. Introduction We are not only living in a digital age but also in an age where individuals and businesses increasingly depend on banks for their day-to-day activities. The convergence of these two factors is compounded with the increased use of artificial intelligence (AI) both generally and specifically in the banking sector. From a general perspective, AI start-ups in 2013 received USD 2 bn in investments globally which increased twelvefold in 2018 to USD 24 bn [1] ...

Shoosmiths LLP | November 2024

The Product Regulation and Metrology Bill (the “Bill”) was published on 4 September 2024 and will provide the Secretary of State with wide regulation making powers to replace, amend or update product safety legislation in the UK. Why is the Bill needed? The Department for Business and Trade’s impact assessment of the Bill stated that the “UK lacks powers to end recognition or to recognise new and updated EU regulations in GB” ...

ALTIUS/Tiberghien | November 2024

Integrating AI tools at work is not without danger. Three experts from the independent Belgian law firm, ALTIUS, explain how companies should best guard against ethical risks, data protection, intellectual property rights, and trade secrets. “It is essential that organisations teach their people to work with AI safely and responsibly ...

Shoosmiths LLP | November 2024

The gaming industry, which has transformed from a niche market to a global powerhouse, has seen a significant surge in venture capital (VC) investment over the past few years. This trend is driven by the rapid growth of the gaming market, advancements in technology, and the increasing societal acceptance of gaming as a mainstream form of entertainment. Here’s a closer look at the emerging trends and key players in VC investment within the gaming sector ...

Shoosmiths LLP | November 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe. The major changes brought about by NIS2 include stricter security measures, new incident reporting obligations and will substantially expand enforcement powers for regulators ...

Shoosmiths LLP | November 2024

How far can employers search for personal data to answer an access request? Can they check personal mobiles or laptops - or personal emails on a work device? Here we look at invading staff privacy to respect someone else's data protection rights. In this series we have already looked at taking control of data subject access requests (DSARs) through data protection by design, and understanding when you can refuse to comply with a DSAR ...

Mamo TCV Advocates | October 2024

  This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Investment legislation can be split into two broad categories: investment funds and investment services. The former principally relates to UCITS, AIFMD and local laws which regulate asset management and their service providers. The latter relates to regulating financial instruments and the investment markets thereof ...

Simonsen Vogt Wiig AS | October 2024

Deadline for transposing NIS2 into national law in the EU and adoption of new implementing regulation On October 17 2024 – the same day as the deadline for transposing the NIS2 Directive into the national law of the EU Member States – the European Commission has adopted an Implementing Regulation to the NIS2 Directive regarding cybersecurity risk management and notification obligations for digital infrastructure and digital service providers ...

Shoosmiths LLP | October 2024

The new Network and Information Systems Directive (NIS2) came into effect on 18 October 2024 and with it comes an overhaul of the way in which cybersecurity risk management is regulated in Europe ...

Mamo TCV Advocates | October 2024

  This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors. Introduction The first article (see link below) in this EU AI Act series provided, inter alia, a breakdown of the scope, applicability, timeline and risk levels of the AI Act, Regulation (EU) 2024/1689 [1] (hereinafter referred to as the “Act”) ...

Shoosmiths LLP | October 2024

Stress and burnout at work is becoming an increasingly spoken about topic, particularly in high pressure roles and sectors such as cyber security professionals within the tech sector. How can employers help to prevent their employees from experiencing it? What is stress and burnout? There is no doubt that employee stress levels have risen as the demands of the workplace have increased ...

Shoosmiths LLP | October 2024

Data subject access requests can be a compliance headache for businesses. The first of our series on DSARs looked at how data protection “by design” can make the job easier. But what about deciding whether or not to resist a DSAR when it actually lands? Dealing with data subject rights requests, or DSARs, is one of the biggest compliance headaches for many businesses ...

Mamo TCV Advocates | October 2024

  This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Artificial Intelligence (AI) has revolutionized various industries, garnering considerable hype and widespread discussion. As AI technologies continue to evolve, their integration into various industries has profound implications, particularly for the labour market ...

Buchalter | October 2024

October 7, 2024 By: Alexandra Shulman and Leah Lively AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms (e.g., LinkedIn, Indeed). AI may also be used to reject or rank applicants using automated resume screening and chatbots based on knockout questions, keyword requirements, or specific qualifications or characteristics ...

In September 2024, the U.S. Department of Labor (the “DOL”) released Compliance Assistance Release No. 2024-01 and its updated cybersecurity guidance for employers that sponsor employee benefit plans governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) ...

Dinsmore & Shohl LLP | October 2024

Under 35 U.S.C. § 101, patent claims may be challenged if they are found to be directed to patent ineligible subject matter, such as laws of nature, natural phenomena, products of nature or abstract ideas. On September 9, 2024, in Contour IP Holding LLC v. GoPro, Inc., the United States Court of Appeals for the Federal Circuit provided additional clarity with respect to the application of § 101 ...

Shoosmiths LLP | October 2024

Given the increasing use of GenAI to assist businesses with answering legal queries, we wanted to see if ChatGPT can explain the rules around obtaining retrospective consent for electronic direct marketing in the UK. Electronic direct marketing (i.e. email and SMS) to individual consumers is a vital element of many businesses, particularly in the retail sector ...

Mamo TCV Advocates | September 2024

  This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Overview & Applicability Timeline The Artificial Intelligence Act (“AI Act” or “Regulation”), officially Regulation (EU) 2024/1689, is a groundbreaking legislative framework designed to address the benefits and risks of AI technologies ...

Shoosmiths LLP | September 2024

The UK GDPR and similar data protection laws around the world ask for data protection by design - but what does this mean in practice when it comes to DSARs? Using products such as Shoosmiths' SmartSAR may be the solution your organisation is looking for. Data protection ‘by design and default’ is a core concept under the UK GDPR and similar laws around the world ...

Simonsen Vogt Wiig AS | September 2024

On 9 September 2024, Mario Draghi, former Italian Prime Minister and European Central Bank President, presented his highly anticipated report on «The Future of European Competitiveness» to European Commission President Ursula von der Leyen [1][2]. This comprehensive report analyzes the challenges faced by European industries and companies in the Single Market and proposes strategies to enhance the EU’s competitiveness [2] ...

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