Tech presents new challenges for businesses - including regulation, growing competition from start-ups and ethical issues raised by artificial intelligence. It affects all aspects of the law.
Our experts provide joined-up advice on the impact of technology on antitrust and data; M&A and investments; intellectual property and litigation; AI and fintech; cyber and regulatory investigations.
Fintech and Competition Law
Competition authorities around the world have increased their focus on fintech as part of a broader rise in intervention in financial services and tech markets. Fintech markets have been analysed, deals have been blocked and new responsibilities placed on the largest tech firms. In this extract from a recent Clifford Chance webinar, we assess the risks and opportunities for financial services and fintech firms from new legislation on digital competition and how antitrust authorities have treated mergers. Read more about fintech and competition law.
China Finalises Standard Contract On Cross-Border Transfer Of Personal Information
In recent years, China has developed its legal framework regulating data and personal information (PI) with the promulgation of the PRC Cybersecurity Law in 2016, the PRC Data Security Law in 2021 and the PRC Personal Information Protection Law (the PIPL) in 2021 (collectively, the PRC Data Laws). The PRC Data Laws set out the supervisory approach of PRC regulators to different data- and PI- related matters. One of the key focuses for multinational companies that are subject to the PRC Data Laws is compliance with PRC regulatory requirements on international transfer of PI (i.e., exporting and/or receiving China-sourced PI, including by way of remote access), given the potential widespread implications on their global business and data management systems.
On 24 February 2023, the Cyberspace Administration of China released the Measures on Standard Contract for Cross-Border Transfer of Personal Information and the finalised Standard Contract on Cross-border Transfer of Personal Information, which will take effect on 1 June 2023. The SCC Measures implement the requirements set out under Article 38(3) of the PIPL. Read more about China Finalises Standard Contract On Cross-Border Transfer Of Personal Information.
Data Centre Trends 2023
The data centre industry is poised for growth in 2023 due to increased demand from businesses. However, factors such as higher costs, a slowing economy, new capacity challenges and increased regulation due to sustainability concerns about energy and water consumption, will impact growth. The pandemic has fueled the growth of the global data centre market, projected to reach 235 billion euros by 2026 with a projected Compound Annual Growth Rate of 4.5%. Companies must consider the latest tech trends when selecting a data centre partner or colocation provider. Explore our trends.
Space tech: challenges and opportunities
Space tech is not a future concept – it's here and now and offers many investment opportunities. The space industry is growing rapidly and has expanded by 70% since 2010. In just over 15 years its annual revenue is expected to reach more than one trillion dollars. In this extract from a recent webinar, Clifford Chance experts explore the opportunities and financial considerations in the space sector. Read more about the challenges and opportunites of space tech.
Crypto regulation: the introduction of MiCA into the EU regulatory landscape
Just over two years after it was first proposed, the agreed text of the new Markets in Crypto-assets Regulation (MiCA) has been released. MiCA aims to create an EU regulatory framework for the issuance of, intermediating and dealing in, cryptoassets. It will introduce licensing and conduct of business requirements as well as a market abuse regime with respect to cryptoassets. With parts of MiCA anticipated to come into force from spring 2024, we look at what issuers of stablecoins and other cryptoassets, custodians and other crypto service providers need to know now. Read more about crypto regulation: the introduction of MiCA into the EU regulatory landscape.
DORA: What the new European framework for digital operational resilience means for your business
On 10 November 2022, the European Parliament voted to adopt a new EU regulation on digital operational resilience for the financial sector (DORA). With obligations under DORA coming into effect late in 2024 or early 2025 at the latest, in this briefing we take a closer look at its impact and consider what the regulation will mean for firms, their senior managers and operations and what firms should be doing now in preparation for day one compliance. Read more about DORA - what the new European framework for digital operational resilience means for your business.
The metaverse: When is real estate no longer real?
Approximately US$2 billion worth of 'land' has changed hands so far this year without a single human ever setting foot on it and with the knowledge that no human ever will. These sales were of virtual plots of land in the metaverse. For all the hype, it is often difficult to navigate the conceptual and legal challenges that may arise when investing in, and developing, virtual land in the metaverse, as well as to make sense of the broader question: can something that's not 'real' have anything in common with real estate? Read more about the metaverse: when is real estate no longer real?
Digital services regulation in the EU: an evolving landscape
The regulatory landscape for digital services is being fundamentally redefined in the European Union (EU), with a boom in the number of legislative initiatives being progressively introduced and increasing extraterritorial reach. This briefing provides a bird's eye view of some of the most recent adopted and pending proposals: the Digital Services Act, the Data Governance Act, the Digital Markets Act, the Data Act, the Cybersecurity Directive (NIS2), the Artificial Intelligence Act and the e-Privacy Regulation. Read more about digital services regulation in the EU: an evolving landscape.
Semiconductors - Increasing Governmental and Regulatory Scrutiny
Semiconductors are essential for many aspects of our lives – work, communication, energy production, healthcare and travel – as well as national security systems and military hardware. A global shortage of semiconductors and increasing protectionism means that the industry is of major strategic and geopolitical importance to governments. In this paper, we take a look at increasing regulation, what it means for M&A and some of the challenges that lie ahead. Read about semiconductors - increasing governmental and regulatory scrutiny.
The metaverse: risks and opportunities for businesses
Companies across a wide range of sectors are exploring the commercial potential of the metaverse but will need to navigate the complex patchwork of existing and emerging laws if they are to successfully operate in these virtual worlds. We examine some of the opportunities and the legal risks that may lie ahead. Read about the metaverse: risks and opportunities for businesses.
The metaverse - will it change the world and why should I care?
The metaverse has been described as the future of the internet – a digital world where we will live, work and play and which has attracted enormous investment from tech companies. In this extract from a recent webinar, Clifford Chance experts discuss what the metaverse may look like and some of the legal challenges that lie ahead. Read more about the metaverse - will it change the world and why should I care?
The Digital Markets Act: A new era for the digital sector in the EU
The Digital Markets Act (DMA) ushers in a new era for the digital sector in the EU, as compliance will require some of the most influential digital companies to make unprecedented, far-reaching changes to the way they operate and interact with their customers, even going as far as to rethink aspects of their business models. Read more about the Digital Markets Act: A new era for the digital sector in the EU.
The Metaverse: What are the legal implications?
As a growing number of tech companies invest heavily in the metaverse – which allows users to live, work and play in alternative virtual worlds – we explore the legal issues that it may give rise to, including data security and privacy, IP, copyright, and antitrust. Read more about the Metaverse: What are the legal implications?