Articles from Dr. Gerrit Hötzel

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
15. Oct 2020 Ransomware: ransom payment can be illegal

If company data is encrypted due to an encryption Trojan (or "ransomware"), such as "WannaCry", you are faced with the choice of accepting the blackmail and paying a ransom or restoring or otherwise reconstructing the encrypted data yourself using backups. Payment to the ransomware gang is often more economically attractive than reconstruction. This is all the more true if the ransomware gang also threatens to publish data. In this context, the question of whether a payment to the ransomware gang is unlawful has so far been little examined.

IP/IT Stuttgart
14. Oct 2020 New product safety law from mid-2021 Powers of market surveillance authorities also for online platforms

From July 16, 2021, a reform of product safety law will come into force and the powers of the authorities will be significantly expanded, including the power to purchase products under a false identity, carry out reverse engineering and restrict access to online platforms and require the inclusion of warnings. Orders to withdraw and recall products are also possible.

IP/IT Stuttgart
5. Aug 2020 Screen scraping / web crawler Legal admissibility and framework conditions

Are screen scraping and web crawling legally permitted, i.e. the automated scanning of content from other websites and transferring the data obtained in this way to a separate system for further use?

IP/IT Stuttgart

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