Current articles on IP/IT Stuttgart

3. May 2022 Changes to sales law in business contracts became effective on 01.01.2022 Sales law

As of 01.01.2022, extensive legal changes came into force with the implementation of the EU Sales of Goods Directive and the Digital Content Directive. The legal changes relate in particular to sales and general terms and conditions law and have an impact on the respective contract design. In this respect, the amendment to the law has been described as the biggest reform of the law of obligations in two decades. The changes affect consumers and entrepreneurs alike. Many legal aspects remain unclear even after the amendments have come into force. The following non-exhaustive overview is intended to present the most important changes for contracts between companies.

IP/IT Stuttgart
25. Apr 2022 Draft of a new EU Machinery Regulation reaches important intermediate step

In March 2022, the European legislative process to revise the so-called "Machinery Directive" (Directive 2006/42/EC) reached another important intermediate step. The legislative process is now entering the decisive phase, in which final votes and negotiations will take place, leading directly to the adoption of a draft law by the European Parliament. For the machinery sector, this means changes in a regulatory area whose relevance should not be underestimated. We would like to use this final legislative phase to provide an overview of the current status of the draft EU Machinery Regulation.

IP/IT Stuttgart
14. Jan 2022 New obligation for a cancel button in online portals E-Commerce

From July 2022, traders will have to offer consumers a termination button on their online portals and make further adjustments, including, for example, the immediate and therefore probably automated calculation of the date on which the termination occurs. This may require the technical storage of termination provisions from the general terms and conditions and therefore entail a certain implementation effort, which must be planned for in terms of time. Here is an overview.

IP/IT Stuttgart
7. Jul 2021 EU AI Regulation

With the current draft of an AI Regulation 2021/0106 (COD), the EU Commission has - as far as can be seen - presented the world's first comprehensive legal framework for the regulation of AI. The regulation is due to come into force at the end of 2022 - according to the EU Commission's plan. However, the EU Parliament and the Council still need to be involved beforehand. The legislative process is therefore not yet complete and there may still be changes. Nevertheless, it is already very important for manufacturers to incorporate the expected upcoming regulations into their own product planning. Here is an initial overview of the AI Regulation:

IP/IT Stuttgart
30. Jun 2021 Open source projects: Automated compilation of license information FOSS

In the context of projects that contain free and open source software (also: "FOSS"), various requirements must be met. One of these is to compile license information and copyright details and distribute them together with the software. How can this be done as automatically as possible?

IP/IT Stuttgart
4. Feb 2021 General terms and conditions for apps

What content and topics need to be considered when drafting general terms and conditions for apps?

IP/IT Stuttgart
2. Feb 2021 Artificial intelligence (AI) and machine learning (ML) Legal framework for the use of training data

The existence of training data is fundamental to the training of artificial intelligence (AI) and therefore machine learning (ML). This training data is also referred to as a dataset or corpus - regardless of any differences in terminology in detail - and is often subject to legal protection, meaning that the training may result in legal infringements. What conceivable legal infringements are these and to what extent is their use permissible?

IP/IT Stuttgart
26. Nov 2020 DiGA: No US service providers permitted Apps / Medical law

The "app on prescription" is now possible thanks to the Digital Healthcare Act, which introduced digital health applications ("DiGA"). However, DiGAs must comply with considerable additional requirements. Data protection in accordance with the GDPR must also be complied with. However, the already narrow permissions of the GDPR are further restricted for DiGA.

IP/IT Stuttgart
25. Nov 2020 DiGA: The path to reimbursement of an "app on prescription" by statutory health insurers Apps / Medical law

The Digital Healthcare Act introduced digital health applications ("DiGA"). This allows medical apps to be included in a directory maintained by the Federal Institute for Drugs and Medical Devices ("BfArM"). The apps can then be prescribed by doctors. This is therefore an "app on prescription".

IP/IT Stuttgart
11. Nov 2020 GDPR: No effective consent with preselected checkbox

The ECJ clarified today that there is no valid consent if a checkbox for granting consent under data protection law is preselected in a signed contract:

IP/IT Stuttgart
9. Nov 2020 BGH: Information on dispute resolution cumulative on websites and in general terms and conditions E-Commerce

The BGH has clarified that entrepreneurs must provide information on dispute resolution procedures in accordance with Section 36 VSBG cumulatively both on the website and in the GTC (if GTC are used). The decision is hardly surprising - even if the wording of the law is not entirely clear.

IP/IT Stuttgart
20. Oct 2020 New update obligation for medical devices made from or with software Medical devices

For medical devices made from or with software, two new EU directives on the sale of goods and digital content will change a lot in 2021.

IP/IT Stuttgart

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