Clifford Chance

Data

German Data Protection Authorities comment on new EU-U.S. Data Privacy Framework

On 4 September 2023, the Conference of the German Data Protection authorities (DSK) published a guidance on the EU Commission's "adequacy decision" under the GDPR on the EU-U.S. Data Privacy Framework dated 10 July 2023 (DPF) (see our article European Commission approves EU-US data privacy framework). In the guidance, the DSK explains the background and the main content of the adequacy decision on the DPF. They focus on the scope of the new mechanism, the use of alternative instruments for transfers to the U.S. and enforcement of data subjects' rights against certified organizations in the U.S

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Data

European Commission approves EU-US data privacy framework

On 10 July 2023, the European Commission reached an "adequacy decision" under the European Union General Data Protection Regulation (GDPR), approving transfers of personal data to organisations located in the United States that will be certified under the newly-established Trans-Atlantic Data Privacy Framework (DPF) agreed between the U.S. and the EU.

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Antitrust

The EU Court of Justice's CK Telecoms Judgment

The recent CK Telecoms ruling of the Court of Justice of the EU (CJEU) has overturned a previous judgment of the General Court, which had sought to create stricter and more structured tests for the European Commission to meet before prohibiting certain mergers in concentrated markets under the EU Merger Regulation.

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Healthtech

Is ChatGPT a medical device?

ChatGPT can provide medical information, but should it be classified a medical device? It's a question that Germany's Federal Institute for Drugs and Medical Devices (BfArM) was confronted with in an open letter from a Hamburg-based law firm which suggests that ChatGPT – a human-trained OpenAI-based chatbot that feeds its knowledge via freely accessible online sources – falls under the regulations applicable to medical devices in Germany and Europe.

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Media & entertainment

Navigating the impact of Generative AI in advertising: new guidance from the ASA

In today's fast growing world of advertising, staying ahead of the curve is essential. There are many way businesses can look to do that, but one that is growing in popularity is using generative AI. How this will work in practice is still up for debate – and will be an interesting area to watch over the next few years, particularly as the global debate on whether there's copyright in the AI-generated works (and if so, who owns it) rumbles on. However, CAP and the ASA have recently released guidance on the use of generative AI in advertising campaigns, to make sure that advertisers stay on the right side of the law

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Cyber

Data poisoning and AI transparency

In this article, part of behavioural insights practice Canvas8’s 2024 Expert Outlook – an annual report helping businesses to understand and navigate behavioural change in the year ahead – Herbert Swaniker, a senior lawyer at Clifford Chance, charts the new challenges for cyber security.

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EU Data Act: Political Agreement Reached

The Data Act seeks to foster innovation within the EU by increasing access to, and re-use of, data concerning the performance, use and environment of connected products and related services. Another key aspect is its introduction of provisions which aim to facilitate switching between data processing services (such as cloud services).

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Cyber

SEC adopts new cybersecurity disclosure requirements

On July 26, 2023, the U.S. Securities and Exchange Commission adopted new cybersecurity related disclosure requirements that will apply to public companies that are subject to periodic reporting obligations under US federal securities law. The SEC is amending Form 8-K to require registrants that use this form to report specified information related to a cybersecurity incident within four business days of determining that the incident is material.

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Fintech

A ripple in still water or a tidal wave: initial reflections on the SEC v. Ripple decision

A federal court has ruled that certain transactions involving the XRP token were not securities transactions. The decision has already created “ripple effects” in the global crypto industry

Fintech

What does the European Commission's digital euro proposal mean for the future of money in the EU?

On 28 June 2023, the European Commission published its proposals for a digital euro as part of a ‘Single Currency Package’. The proposal shows what the potential scope of the currency and some of its key features might be. However, much has still to be confirmed, including whether a digital euro will ever be issued. In this article will consider some of the proposed key features of the digitaleuro and the next steps in the EU legislative process

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Artificial intelligence

EU AI Act: Final negotiations can begin after European Parliament vote

On 14 June 2023, the European Parliament voted to adopt its negotiating position on the proposed EU regulation on AI (AI Act). This is another major step towards the adoption of the proposed AI Act, undoubtedly one of the most important and anticipated pieces of legislation of the past few years. Parliament has made a number of significant changes to the European Commission's original proposal. In terms of strategic orientations, the Parliament appears to be seeking to: (i) address emerging or developing hot topics, including generative AI and foundation models, and core ethical principles; (ii) revisit or narrow down some critical concepts, such as the definition of an AI system and what qualifies as a high-risk AI system; and (iii) take a stricter position on some AI uses and practices, including a broader ban on the hotly debated use of AI systems for remote biometric identification in public spaces. In this article (also available as a PDF), we examine some of the key changes introduced by the European Parliament

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Antitrust

New developments in the time limits in the application of the Digital Markets Act in Spain

On 29 June, the Official State Gazette published Royal Decree-law 5/2023 which includes, among other things, the reform of certain articles of the Spanish Competition Act. The amendments apply to sanctioning and merger control procedures initiated as of 30 June 2023 but not to those currently underway. This article looks at the most relevant new developments

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Intellectual Property

AI-Generated Music and Copyright

When a track by artist "Ghostwriter" was uploaded and then promptly removed from streaming services in April, it was the latest example of one of 2023's most astonishing trends. The track 'heart on my sleeve' sounded like it was sung by two of the world's biggest stars, Drake and The Weeknd. In fact, it was actually someone who had used an AI tool to make his voice sound like theirs

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Intellectual Property

What's wrong with this picture? AI-created images and content: copyright ownership and infringement

Countless social media posts, images and articles have been generated using AI tools such as ChatGPT, Stable Diffusion and Dall-E. But who – if anyone – owns the copyright in the outputs, and do the tools themselves infringe copyright?

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Generative AI: the big questions

With last year’s public release of OpenAI’s ChatGPT, generative AI went from niche to nova. Generative AI has reached an astonishing level of capability, from producing near-human text responses and photorealistic images of non-existent events, to suggesting software code and creating websites. In turn, political and regulatory focus has sharpened regarding how to ensure responsible AI use and development. Balancing risk and reward in the deployment of AI has entered uncharted territory as the legal landscape for AI evolves and this versatile technology disrupts the way we work and create across sectors

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Fintech

Global Fintech Update

Our weekly global fintech round-up, summarises fintech regulatory developments that have happened around the world along with our Clifford Chance fintech publications and upcoming events

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Tech

Tech Policy Unit Horizon Scanner

The Tech Policy Unit Horizon Scanner is our monthly dive into the key tech policy and legislative developments around the world.

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ESG

Sustainability: ESG Developments

This monthly newsletter is intended to assist banks, financial investors and corporates in keeping up to date with ESG developments.

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Media & entertainment

The Advertising Brief

Our quarterly newsletter delivering concise summaries of the most interesting cases from the UK's Advertising Standards Authority (ASA) with our key takeaways for all brand owners to be aware of

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Fintech

Global Crypto Round-Up

This monthly newsletter provides you with a monthly brief into the world of digital assets, keeping you up to date with regulatory developments, publications and events from across jurisdictions.

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Cyber

Stories from the Wild

This monthly newsletter will bring you the latest stories in information security and cybersecurity.

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