Articles from Dr. Gerrit Hötzel

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
8. Nov 2023 Cyber Resilience Act The end of carefree software development

Almost every software manufacturer and every machine manufacturer that integrates software is affected: The EU's Cyber Resilience Act ("CRA"; 2022/0272 (COD)) is currently at an advanced draft stage. It is to apply two years after coming into force without any further transition period. So-called "products with digital elements" (this can be software, hardware or a combination of both) may then only be placed on the market with CE marking and a prior conformity assessment procedure.
12. Jul 2023 EU Commission adequacy decision on the USA - transfer of personal data to many US companies finally possible again with legal certainty

What happened?
The transfer of data to countries with a lower level of data protection than the EU - such as the USA to date - is generally prohibited. On Monday, July 10, 2023, the European Commission has now adopted an adequacy decision for secure and trustworthy data flows between the EU and the USA.

Digital & analog, IT law, copyright, e-commerce
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
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
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
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
2. Nov 2022 EU Digital Markets Act

The Digital Markets Act (Regulation 2022/1925, also "DMA", previously in draft form: COM(2020) 842 final) has already been adopted and will apply from 02.05.2023. The Digital Markets Act addresses so-called "gatekeepers" - or in the German version "Torwächter". In Germany, the regulation is also referred to as the "Digital Markets Act".

IP/IT Stuttgart
2. Nov 2022 EU Digital Services Act

The Digital Services Act (COM(2020) 825 final, also known as "DSA") is also referred to as the "Digital Services Act" in German-speaking countries. It will supplement and partially update the European Union's E-Commerce Directive (Directive 2000/31/EC on electronic commerce), which is already around 20 years old. However, the e-commerce directive itself remains unaffected by the Digital Services Act.

IP/IT Stuttgart
2. Nov 2022 EU AI Liability Directive

This is the Directive "adapting the rules on non-contractual civil liability to artificial intelligence" (Directive on AI Liability; COM(2022) 496 final). As a directive, the AI Liability Directive must first be transposed into national law by the individual EU member states through respective national legislative acts.

IP/IT Stuttgart

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