The EU AI Act, which was passed by the European Parliament on 13 March and is set to become law later this year, will probably be the world’s first legislation to introduce a general regulatory framework for artificial...more
3/25/2024
/ Artificial Intelligence ,
Cybersecurity ,
Distributors ,
EU ,
Importers ,
Innovation ,
Innovative Technology ,
Machine Learning ,
Manufacturers ,
Proposed Regulation ,
Regulatory Oversight ,
Risk Assessment ,
Risk Management ,
Technology Sector
On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). The adequacy decision is designed to relieve U.S.-based businesses and other institutions and...more
Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once...more
1/9/2023
/ Content Publishing ,
Corporate Counsel ,
Digital Platforms ,
Digital Services ,
EU ,
Immunity ,
Online Platforms ,
Regulatory Oversight ,
Search Engines ,
Social Media ,
UK ,
User-Generated Content
The European Union (“EU”) has shaped and developed Intellectual property (“IP”) policy extensively over the years. IP law in EU member states is today largely a matter of EU law. Key areas of IP are dominated by EU rights and...more
In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of...more
The priority of any brand owner is to protect their marks in relation to the core activities of the business. Many companies however seek broader trade mark protection for a wide range of ancillary products and services...more
Now that the political rollercoaster of the past 3 years over Brexit has drawn to a close with the UK electorate falling firmly behind Boris Johnson and a Conservative Party determined to leave the European Union (EU) with no...more
1/27/2020
/ EU ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
New Legislation ,
Trade Agreements ,
Trade Negotiations ,
Trademarks ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
Earlier this week, the Court of Justice of the European Union, perhaps for the first time, drew a territorial limitation to the requirements imposed under the General Data Protection Regulation (‘GDPR’). The court held that...more
9/26/2019
/ Corporate Counsel ,
Cross-Border ,
EU ,
General Data Protection Regulation (GDPR) ,
Google ,
Jurisdiction ,
Member State ,
Personal Data ,
Privacy Laws ,
Right to Be Forgotten ,
Search Engines
The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more
9/5/2019
/ Austria ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Digital Single Market ,
E-Commerce ,
EU ,
EU Directive ,
Germany ,
Member State ,
New Legislation ,
Online Platforms ,
Online Videos ,
The Copyright Act ,
YouTube
For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there...more
On 12 September 2018, the EU Parliament adopted a revised draft of the directive on Copyright in the Digital Market. The proposed legislation includes some significant changes to the copyright regime and a couple of surprise...more
Many IP owners wonder what they need to do to ensure the continued protection of their EU trade marks and Community Registered Designs after Brexit. Some attorneys, since the referendum, encouraged clients to file in the UK...more
Social media is an important marketing channel for many organisations. It is also a convenient way by which marketers can learn about customers, through data collected when they use social media channels....more
On 21 June 2018, the legal affairs committee of the EU Parliament approved the much debated Copyright In the Digital Single Market Directive. It is a short step now before the Parliament itself approves the directive, which...more
A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices.
Mobile...more
On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more
On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more
In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more
The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it...more
A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more
On 28 November 2016, the UK Government made a surprising announcement at the meeting of the Competitiveness Council (an EU institution), stating that it intends to ratify the Unified Patent Court Agreement, marking its first...more
A trademark registration for the shape of a product (usually in the form of a drawing or 3D illustration) can be useful, particularly where the product is recognised predominantly by its distinctive visual appearance....more
In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials...more
In April 2016, the European Union adopted new legislation on data protection. The part relevant to private enterprises (EU Regulation 2016/679) is known as the General Data Protection Regulation or “GDPR.” The GDPR is subject...more
Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow...more
7/20/2016
/ Binding Corporate Rules ,
Data Processors ,
Data Protection Authority ,
Department of Transportation (DOT) ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Self-Certification ,
Standard Contractual Clauses ,
Third-Party ,
U.S. Commerce Department