Current articles on IP/IT Stuttgart

1. Dec 2023 NIS-2 - Personal liability of the management for cyber security

The principle that "cybersecurity is a matter for the boss" is increasingly being enshrined in law. This is illustrated by the current draft of Section 38 BSIG-E, which implements the NIS-2 Directive (EU 2022/2555).

IP/IT Stuttgart
3. Nov 2023 Accusation of "greenwashing": warning for advertising with certified climate neutrality

When companies are committed to environmental and climate protection, there is a regular desire to communicate this publicly. External service providers in particular are therefore increasingly offering "certification" of climate neutrality, which can then be used to advertise products or the company to business partners. However, three recent competition law judgments show: The devil lurks in the detail. Incorrect advertising design can not only lead to accusations of "greenwashing" that damage a company's reputation, but also to costly warnings and court proceedings with a difficult-to-predict outcome.

IP/IT Stuttgart
29. Mar 2023 The prompt engineer of an AI as the originator

In connection with artificial intelligence ("AI"), numerous questions remain unresolved, and not just of a legal nature. Currently, there are even prominent calls for a six-month moratorium on AI development in order to be able to further assess its impact. One of the questions to be legally assessed is whether there is an author for an AI product and, if so, who this is. The so-called prompt engineer is increasingly coming into consideration here.

IP/IT Stuttgart
14. Mar 2023 Technical IT deficiencies prior to ransomware attack result in GDPR fines Ransomware

The Irish data protection supervisory authority was not previously known for its overly strict application of the GDPR requirements. In many cases, it has been surprisingly lenient, especially towards large tech companies based in Ireland. This makes the authority's latest decision, which involves a fine of half a million euros and could have an impact on IT security and the technical data protection requirements of companies, all the more surprising. The authority states that even supposedly minor failures in IT security can result in large fines, even without any additional circumstances.

IP/IT Stuttgart
1. Mar 2023 European Health Data Space (EHDS) New ways of using medical data

In May 2022, the EU Commission presented a draft regulation on a "European Health Data Space" (EHDS) (COM(2022) 197 final). At the same time, the German government agreed two legislative projects in the coalition agreement that pursue a similar objective. If implemented, both projects will open up completely new ways of utilizing medical data.

IP/IT Stuttgart
28. Feb 2023 EU expands Russia sanctions package with comprehensive export bans on dual-use goods Compliance

With what is now the tenth package of sanctions, the European Union is further tightening its measures against Russia as a result of the war in Ukraine. There are new trade restrictions, particularly for industrial goods not previously covered. Companies have reason and necessity to review their own compliance measures.

IP/IT Stuttgart
14. Nov 2022 Data protection with the involvement of US service providers

What do "Google Fonts" warnings, Office 365 and the EU-US Data Privacy Framework have in common?

IP/IT Stuttgart
8. Nov 2022 The transparency register: background and objectives

The transparency register stems from the implementation of the 4th EU Money Laundering Directive. The objective of the Money Laundering Directive and its national implementation in the Money Laundering Act (GwG) will be further advanced by the Transparency Register and Financial Information Act (TraFinG), which came into force on 01.08.2021. The aim of this is to create more transparency in order to curb money laundering and terrorist financing. There are also plans to network the European transparency registers, which required the amendment explained below. In addition, there should be clarity with regard to legal entities and their beneficial owners.

IP/IT Stuttgart
8. Nov 2022 Challenges of the lobby register

The lobby register adopted in 2021 has been available at www.lobbyregister.bundestag.de since 01.01.2022. It provides overviews of the companies registered there and various statistics. The majority of lobbyists come from the private sector and most of those registered are legal entities (as at 03.08.2022). So it does exactly what it is supposed to do: To shape influence "with integrity". This means that it may only take place on the basis of openness, transparency, honesty and integrity, Section 5 (1) LobbyRG.

IP/IT Stuttgart
3. Nov 2022 The new regulatory world in the area of digitalization An overview of current EU legislative projects

The new regulatory world in the field of digitalizationAn overview of current EU legislative projectsAt the beginning of 2020, the European Commission published its "European Data Strategy" (COM(2020) 66 final). The aim is for the European Union to become a role model for a society that is able to make better decisions in the economy and in the public sector thanks to data.

IP/IT Stuttgart
2. Nov 2022 EU Data Act The Data Act (COM(2022) 68 final, also known as the "DA" or "Data Act") should not initially be confused with the Data Governance Act.

Contrary to what the name "Data Act" might suggest, the Data Act does not regulate the question of "ownership of data". In relationships between providers and customers, the question of data allocation therefore remains unresolved, for example in the relationship between the manufacturer, owner (keeper) and owner (driver) of a motor vehicle and in the relationship between the manufacturer and user of a medical device and the patient concerned. Intellectual property rights are also not regulated (apart from minor clarifications); the Data Act nevertheless addresses the relationship between such providers and customers, but by regulating individual rights and claims. The five main subjects of regulation of the Data Act according to the current draft are

IP/IT Stuttgart
2. Nov 2022 EU Data Governance Act The Data Governance Act (COM(2020) 767 final, also "DGA") should not be confused with the Data Act.

There are two aspects to the Data Governance Act:

IP/IT Stuttgart

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