To The Point: Technology & Digitalisation | June 2022

Published date01 July 2022
Subject MatterIntellectual Property, Trademark
Law FirmSchoenherr Attorneys at Law
AuthorMs Veronika Wolfbauer

Welcome to the June edition of Schoenherr's to the point: technology & digitalisation newsletter!

We are excited to present a selection of legal developments in the area of technology & digitalisation in the wider CEE region.

Insights waiting for you in this edition:

  • Preface: The EU's call for Transparency | Veronika Wolfbauer
  • A lawyer for an AI | Tullia Veronesi
  • European Commission announces consensus on strengthened "EU Code of Practice on Disinformation" | Valentin Demschik
  • Cybercrime Report 2021 | Veronika Wolfbauer
  • AI standards | Daria Rutecka
  • Young Europeans increasingly prefer to opt for digital content from legal sources, but online piracy remains a problem | Antonia Hirsch
  • The classification of "virtual goods" in trademark applications | Gudrun Irsa-Klingspiegl

Preface: The EU's call for Transparency | Veronika Wolfbauer

Lesson learned from the GDPR obligations: be transparent. Tell data subjects what you do with their data and how you do it. If the data are processed using innovative technologies, make sure that a higher level of transparency (along with appropriate safeguards) is ensured. Such transparency obligations are currently spreading across recent EU law provisions.

Increased transparency is a key objective of the Omnibus Directive. Consumers should be better informed about dynamic pricing, the parameters used by providers of online marketplaces to rank products and sellers on their platform as well as whether and how traders ensure that product reviews originate from consumers who have actually used or purchased the respective product (for more details see link).

Increased transparency is also a key objective of the European Commission's draft for an AI Regulation (COM/2021/206 final). Even if the details of the EC's draft regulation will probably still undergo various amendments (for more details read "A lawyer for an AI" below), the fundamental objective of providing a higher level of transparency will most likely re-main unchanged: users of - or rather individuals being subject to - AI-based applications should be properly informed about the algorithms in place.

Nevertheless, a prerequisite for transparency is profound knowledge of your own business. After all, only what you are aware of yourself can be passed on to your customers. Therefore, take advantage of the more tranquil summer months to thoroughly analyse your business and be prepared for any new transparency requirements.

We hope you enjoy this month's ttp technology newsletter. Thank you for following us! On behalf of all Schoenherr technology experts, I wish you a nice summer.

A lawyer for an AI | Tullia Veronesi

Research and development in artificial intelligence is more dynamic than in almost any other field. Nearly all major tech companies are developing their own AI. Some of them are already being made available to the public as OpenAI. For example, the AI behind DALLE-mini creates an image based on entered terms. Other projects like Neuroflash or GPT-J generate...

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