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14 Apr: Generative AI and Intellectual Property Rights in the EU context

As generative artificial intelligence (GenAI) becomes integral to various industries, understanding its mechanics and associated intellectual property (IP) implications is essential for businesses. This article explores GenAI applications from an intellectual property perspective, highlighting key considerations for EU businesses involved in contracting or providing AI services.

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11 Apr: Fair Play in the Marketplace: A Guide to Pricing Regulations

The world of commerce thrives on competition, and at the heart of this competition lies pricing.
But what happens when pricing practices become deceptive or prevent healthy competition? This is where pricing bans and rules come into play. These regulations aim to protect consumers and ensure a fair marketplace, but navigating this maze can be complex for both businesses and consumers.

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07 Apr: The Swiss Data Protection Act: Records of Data Processing

The new Swiss Data Protection Act introduces several key provisions, including the requirement for entities processing personal data to maintain detailed records of their data processing activities. The regulation outlines specific elements that must be included in the records of data processing, such as the objectives behind data processing, the varieties of personal data processed, and particulars of data transfers to foreign territories, among other requirements.

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01 Apr: Data Protection Impact Assessment in Switzerland

A data protection impact assessment is about foresight. It’s about spotting data protection issues early on, simplifying solutions, and cutting costs. Think of it as the planning stage of your hike, where you assess the path for potential hazards. Just as you’d want to know about a washed-out bridge on your hiking route in advance, data protection impact assessments help catch problems before they become complex and expensive.

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17 Mar: A Guide to Software Licence Terms

A software licence is an agreement between the creator or provider of the software (the licensor) and the user (the licensee). Unlike buying a physical product, purchasing software doesn’t transfer ownership of the software itself to you. Instead, you’re granted permission to use the software according to specific terms and conditions laid out in the licence agreement.

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03 Mar: Data Scraping in Europe: A Legal Compass

In today’s fast-paced digital world, the hunt for information drives businesses to adopt innovative techniques like data scraping. This method, which automates the extraction of vast amounts of information from digital platforms, is a game-changer for anyone looking to gain insights, generate leads, or simply stay ahead in the market. However, as handy as data scraping can be, it treads a fine line within the complex web of European legal standards, particularly when it comes to privacy and intellectual property rights. Let’s dive into the world of data scraping, understand its legal challenges, and explore how businesses can operate within the bounds of European law.

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23 Feb: Class Action under the GDPR

The General Data Protection Regulation (GDPR) has reshaped the way businesses handle personal data, introducing stricter rules and giving individuals more control over their information. A significant aspect of the GDPR is its provision for class actions, allowing groups of individuals to seek compensation for breaches of their data rights. This development is crucial for businesses to understand, as it brings new challenges and responsibilities.

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04 Feb: Transfer Impact Assessment under the GDPR

In an age where data flows seamlessly across borders, safeguarding personal information has become a pivotal concern for businesses worldwide. The General Data Protection Regulation (GDPR), a beacon of data protection laws, casts a wide net to safeguard personal data within and beyond the European Economic Area (EEA). A critical tool in this endeavour is the Transfer Impact Assessment (TIA), a process that scrutinises data transfers to ensure they meet GDPR’s standards.

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21 Jan: Understanding Data Protection Impact Assessments under the GDPR

In the labyrinth of data protection, a Data Protection Impact Assessment (DPIA) stands out as a vital navigational tool. Think of a DPIA as your GPS through the intricate world of data processing – it doesn’t just keep you on the right side of the law but also steers you towards a more trustworthy and transparent relationship with your users. By performing DPIAs, you’re not just ticking a compliance box; you’re heading to smarter data handling, reducing risks, and dodging those hefty non-compliance GDPR fines.

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18 Jan: Navigating the Landscape of GDPR Assessments: DPIA, TIA, and LIA

The General Data Protection Regulation (GDPR) has revolutionised the way personal data is handled across the European Union and beyond. A crucial aspect of GDPR compliance is the implementation of various assessments to ensure data protection and privacy. These assessments include the Data Protection Impact Assessment (DPIA), Transfer Impact Assessment (TIA), and Legitimate Interest Impact Assessment (LIA). Each of these plays an important role in safeguarding personal data and ensuring that businesses comply with GDPR requirements.

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08 Jan: The European Data Act and Its Impact on Businesses

In an age where data shapes our daily lives, understanding the new European Data Act is crucial for everyone, from business leaders to everyday consumers. This landmark legislation, introduced by the European Union, is set to transform how data is managed, shared, and protected. In this clear and concise guide, we’ll explore what the European Data Act is, why it matters, and how it impacts you.

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14 Dec: Overview of the ICO’s Guidance on Recruitment and Selection

In the digital age, data protection is a critical aspect of every business operation, especially in recruitment. The UK Information Commissioner’s Office (ICO) has issued detailed guidance on recruitment and selection, focusing on compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). This article delves into these guidelines, offering key insights and pragmatic advice for businesses to navigate the complexities of data protection in recruitment.

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20 Nov: HR Data Privacy and Protection in Switzerland

With the recent enactment of the new Swiss Data Protection Act (Swiss DPA), which came into effect on September 1, 2023, HR departments in Switzerland are facing a shift in handling employee data. This updated legislation, aligning more closely with the EU’s GDPR, imposes stricter controls and heightened responsibilities on data processors and controllers, including those in HR roles. This article dissects the critical elements of the Swiss DPA, focusing on its impact on HR data privacy and protection practices, and provides actionable recommendations for HR professionals to comply with data privacy and protection standards.

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06 Nov: Key Elements of AI-Related Contracts in the Wake of Emerging Regulations

As Artificial Intelligence (AI) cements its role as a cornerstone of innovation across various sectors, the legal frameworks governing its use are rapidly evolving. The landscape is abuzz with legislative developments, such as the proposed AI Act by the European Union and the Biden administration executive order on AI. As lawmakers and industry leaders shape new AI regulations and ethical guidelines, the complexity of AI-related contracts is on the rise. In this article, we’ll explore the key elements that your AI-related contracts should include to be as robust as they are compliant.

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19 Oct: Generative AI: Opportunities, Threats, and Legal Considerations

In the bustling streets of European cities, behind the screens of tech hubs in Berlin, Paris, and Stockholm, a new technological marvel is taking shape: Generative AI. As businesses across the continent explore the vast potential of this technology, understanding its legal implications is a must. What is special about Generative AI? What legal concerns does it bring? Let’s explore this transformative technology and its implications in the European landscape.

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09 Oct: Retargeting in Personalised Ads: Balancing E-commerce Strategies with Data Protection

In the digital space, e-commerce platforms are leveraging personalised advertising to enhance customer experiences and boost sales. Retargeting, a form of personalised advertising, has become a game changer, enabling businesses to re-engage potential customers by displaying ads based on their previous online activities. While this approach can significantly uplift conversion rates, it also entails critical considerations regarding data protection and privacy compliance, notably in the light of the General Data Protection Regulation (GDPR).

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30 Sep: GDPR, e-Commerce, and Collective Actions in 2023

The year 2023 has marked a significant uptick in GDPR fines, making it the year with the highest penalties for data protection violations. While the world is abuzz with high-profile GDPR fines against tech giants like Meta and Google, it’s crucial to understand that smaller companies are also under regulatory scrutiny.

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10 Sep: THE LEGAL IMPLICATIONS OF AI IN SOFTWARE DEVELOPMENT

In today’s evolving technological landscape, Artificial Intelligence (AI) stands out as a revolutionary force, reshaping industries and redefining the boundaries of what’s possible. For software companies, AI offers unprecedented opportunities for innovation. However, with these opportunities come intricate legal challenges that every software company must be prepared to navigate.

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04 Sep: Open-Source Licenses: A Guide for Businesses

Within the world of open-source software, every line of code comes with its own set of rules. Whether you’re an innovative startup crafting the next big app or a seasoned enterprise integrating third-party solutions, understanding the nuances of open-source licenses is paramount. This article is here to help you understand the most popular licenses, their implications, and the practicalities that businesses often overlook. Navigate with confidence and chart a course to licensing clarity.

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14 Aug: Mastering Cloud-Based Computing Service Contracts: Expert Tips

In the dynamic landscape of cloud-based computing services, organisations have come to rely on the flexibility and scalability offered by various models, such as Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). However, alongside the advantages these services bring, negotiating contracts that accurately reflect the unique aspects of each model is crucial. This article delves into the differences between SaaS, PaaS, and IaaS, explores the challenges in contract negotiations, highlights essential contractual provisions, and provides practical tips to navigate these complexities effectively.

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17 Jul: Navigating Liability in IoT and Autonomous Vehicle Contracts: Practical Tips for Effective Risk Management

Revolutionary technologies such as the Internet of Things (IoT) and autonomous vehicles are reshaping industries worldwide. As these innovations advance, understanding and managing liability in contracts becomes paramount for all stakeholders involved. In this article, we provide practical tips to help businesses successfully navigate liability issues within IoT and autonomous vehicle commercial contracts.

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26 Jun: Understanding End-User License Agreements (EULA): Why Your Software Needs One and Practical Business Insights

In today’s digital age, software has become an integral part of our personal and professional lives. Whether you’re a software developer or a user, you must understand the legal framework governing your software’s use. One crucial legal document that protects both creators and users is the End-User License Agreement (EULA). In this article, we will delve into what EULA is, why you need one, and provide practical business insights into drafting an effective EULA.

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30 May: Navigating the New Swiss Data Protection Act: A Checklist for Compliance and Key Differences from GDPR

Are you aware of the recent changes affecting Swiss data protection regulations? In this article, we explore the revised Swiss Federal Data Protection Act (revFADP), delve into the key changes and explain the main differences between the revFA and the GDPR. Mark your calendars, as the deadline for compliance is fast approaching, on September 1, 2023.

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01 May: Records of Processing Activities: A Key GDPR Compliance Requirement

The General Data Protection Regulation (GDPR) is a comprehensive data protection regulation implemented in the European Union (EU) in May 2018. It aims to protect the personal data of EU citizens and residents and ensure that businesses and organisations are held accountable for the way they collect, process, and store this data. It sets out strict requirements for data protection and privacy, and failure to comply can result in significant fines and other penalties – up to €20 million, or up to 4% of the annual global turnover of the preceding fiscal year, whichever is higher – a valid reason to check your data processing practices.

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26 Mar: Lawful Personal Data Processing

The General Data Protection Regulation (GDPR) has been in place for several years, yet many businesses still struggle to understand whether they can process personal data. While the GDPR provides six lawful bases for data processing, there is a lack of understanding among businesses on which basis they can rely to process data. As a result, companies often add unnecessary consent requests to all their documents, which can cause confusion and frustration for their customers.

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13 Jan: Consent to personal data processing under the GDPR: what it is, why you need it and how to obtain it

Although the General Data Protection Regulation (GDPR) has been in place for over four years, some concepts and notions are still a topic of hot discussion and continue to confuse stakeholders. Earlier in our data protection series of articles, we addressed the European regulation of cross-border data transfers. In this article, we will shed some light on data controllers’ obligation to implement appropriate technical and organisational measures when processing personal data.

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23 Nov: GDPR: benefits and compliance

Although the General Data Protection Regulation (GDPR) has been in place for over four years, some concepts and notions are still a topic of hot discussion and continue to confuse stakeholders. Earlier in our data protection series of articles, we addressed the European regulation of cross-border data transfers. In this article, we will shed some light on data controllers’ obligation to implement appropriate technical and organisational measures when processing personal data.

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26 Oct: Understanding GDPR Technical and Organisational Measures

Although the General Data Protection Regulation (GDPR) has been in place for over four years, some concepts and notions are still a topic of hot discussion and continue to confuse stakeholders. Earlier in our data protection series of articles, we addressed the European regulation of cross-border data transfers. In this article, we will shed some light on data controllers’ obligation to implement appropriate technical and organisational measures when processing personal data.