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Deacons | June 2023

Some experts have described the rise of AI as the next industrial revolution. Generative AI is a powerful tool that can transform how your business operates. However, businesses intending to make use of AI solutions need to understand the benefits and risks of implementing generative AI.1 What is Generative AI? Artificial Intelligence – Generative AI is a branch of AI that uses pre-trained AI models to generate new data including text, images, videos, music, and even computer code ...

Heuking | June 2023

  As of June 1, 2023, the German Federal Ministry of Transport and Digital Infrastructure (Bundesministerium für Digitales und Verkehr, “BMDV”) published a new draft bill for a regulation on consent management services (Consent Management Regulation   Einwilligungsverwaltungsverordnung, “EinwV”) under the German Telecommunications Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetz, “TTDSG”) ...

Shoosmiths LLP | June 2023

Employers may be tempted to think that, compared to a human, using technology produces more accurate results faster and that it should be embraced at all costs. While tech can be a valuable aide, care is needed particularly when it comes to recruitment. Can technology lawfully screen applications? When it comes to recruitment, any way to quickly and accurately sort through applications to identify viable candidates is a benefit to employers ...

Asters | June 2023

  Two months ago, in mid-April,  the European Parliament approved  the first legislation in the European Union on tracking payments in cryptocurrencies, supervision in this area and combating money laundering. The MEPs also adopted common rules for the supervision and protection of consumer rights (MiCA,  or  Markets in Crypto assets) with safeguards against market manipulation and financial crimes ...

What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making ...

ALTIUS/Tiberghien | June 2023

On 14 June 2023, the European Parliament adopted its positionon the draft AI Act, which brings one step closer an EU regulation for generative AI and other AI systems. This blog gives the highlights of the current draft text, taking into account the newest amendments that have been proposed ...

Afridi & Angell | June 2023

Over the past few years, the United Arab Emirates has witnessed an increase in awareness and significance of environmental, social and governance (ESG) issues. While businesses in the UAE have begun to acknowledge that conscious efforts towards ESG compliance is imperative for growth and longevity of their business, the question remains whether ESG compliance can truly be said to now form a part of the UAE compliance ecosystem ...

Shoosmiths LLP | June 2023

The European Commission has sent a Statement of Objections (SO) to Google over abusive practices in online advertising technology.  Uniquely it seems, the Commission has identified in the press release that to remedy the situation the Commission is of the preliminary view that divestment by Google is required. This would be the first example of a proposed break-up of a tech business by the EU under market dominance rules ...

Shoosmiths LLP | June 2023

We all know the feeling of making an online purchase and later regretting it - did I really need another kitchen gadget that I'll probably only use once? Luckily, by way of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which form part of retained EU law, consumers in the UK have the right to a "cooling off period" for distance contracts in certain circumstances ...

Mamo TCV Advocates | June 2023

The purpose of disclosing conflicts of interest in the investment services industry is to ensure maximum transparency for the investor. A common conflict of interest is the situation when the fund’s investment manager owns voting shares in the fund and appoints a director who is already heavily involved in the investment manager’s structure. Consequently, the appointed director might be conflicted if one is required to take a decision against the investment manager ...

ALTIUS/Tiberghien | June 2023

On 17 May 2023, the Belgian Medicines Agency (FAMHP) announced that marketing authorisation holders (MAHs) have three years to comply with the prohibition of “negative formulations” on the packaging of medicinal products for human use. Such negative formulations include “gluten-free”, “lactose-free”, “ethanol-free” or “no colourings” ...

Shoosmiths LLP | June 2023

“Why don’t I own this?”  The words of oil prospector Daniel Plainview to his property advisor, querying the land rights for his oil pipeline to the California coast in the Oscar winning film ‘There Will Be Blood, and a blunt, single sentence reminder of the need for early due diligence on large scale developments ...

Shoosmiths LLP | June 2023

A recent Financial Times newspaper article raises the question whether the mandate underlying the UK's competition authority (the CMA) should be reviewed.  The argument is based on the CMA's blocking of the Microsoft/Activision merger, compared to the EU's conditional consent decision. The CMA's decision is being appealed by the merger parties ...

Shoosmiths LLP | June 2023

As global regulators continue to grapple with the challenges of developing and implementing effective Artificial Intelligence (AI) regulation, and with AI sitting high on the agenda for Rishi Sunak’s meeting this week with President Biden, the UK Government has announced that it will be hosting a global AI Summit later this year ...

Throughout the United States and globally there is an undisputed trend towards renewable energy as much of the world seeks to decarbonize in response to the risks of climate change. As the article, “Clean energy investment is now nearly 2x that of fossil fuels – here’s why,” from Electrek notes, as of 2023, for every $1 spent on fossil fuels globally, now more than $1.70 is spent investing in clean energy, a ratio that was 1:1 just five years ago ...

What is changing with how prudential regulators view fintech partnerships? How is this affecting financial institutions TPRM programs? Prudential regulators appear to be acknowledging the role that fintech partnerships have in the marketplace, both to expand banking services to previous unbanked/underbanked populations, and to allow smaller, regional banks to develop new markets for their services ...

Shoosmiths LLP | June 2023

Environmental, Social and Governance (ESG) is at the forefront of everybody’s considerations when looking at property investment, development and management decisions. The Purpose-Built Student Accommodation (PBSA) sector has always been naturally pre-disposed to considering such ESG issues from the sector’s early days ...

Shoosmiths LLP | June 2023

Most commentary around AI looks at the big picture or the future of work, but in this article we look at some practical data protection implications for businesses that are considering implementing AI systems. 1. Automated Decision-Making There are specific rules in both the EU and UK GDPR (in this article we will refer to both together) covering individuals’ rights when processing involves solely automated decision-making, including profiling ...

Cybersecurity is a looming threat for most businesses. The impact of a major cyber event can resonate for weeks, months, and even years after the initial attack. To mitigate the risks to consumers, there have been several legislative updates to address these evolving threats, including a significant change for entities in, and adjacent to, the financial services space ...

ALTIUS/Tiberghien | June 2023

On 16 March 2023, in Joined Cases C‑438/21P to C‑440/21P, the Court of Justice of the European Union (CJEU) interpreted the concept of a ‘global marketing authorisation’. It held that Article 6(1) of Directive 2001/83 (the Community Code) sets out exhaustively the line extensions for which the marketing authorisations (MAs) will fall under the same global MA as the initial MA ...

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