Publications for Technology Law Committee

The EU’s draft regulation on artificial intelligence (part 2)

The second part of this analysis focuses on the high-risk AI systems, their scope and the requirements prescribed by the EU’s draft AI Act. It also pinpoints several important challenges that need to be addressed and issues to be resolved in the final version of the text.

Released on Dec 13, 2021

For how much longer can companies continue to hold remote meetings?

The Covid-19 pandemic has undoubtedly affected almost every area of law. Corporate law is no exception. Aligned with the measures adopted to reduce the impact of the Covid-19 pandemic, the City of Buenos Aires Public Registry of Commerce (Inspección General de Justicia (IGJ)) eased the regulation relating to the promotion of virtual meetings, even for companies which were not authorised by their by-laws to hold meetings remotely.

Released on Dec 13, 2021

Artificial intelligence in criminal justice: invasion or revolution?

From Homer’s Iliad to 20th century science fiction movies, through Da Vinci’s humanoid robot, artificial intelligence (AI) has been a subject of humankind’s dreams for centuries. Although the notion of AI has started as a fantasy, sometimes even dystopian, like Spielberg’s film Minority Report which depicts a worrying future of advanced technologies in law enforcement, AI is now a reality in daily life, and has shifted human lifestyles. Cars, phones and even healthcare are just some examples of sectors which AI has penetrated. Considered as a branch of computer sciences, AI refers to the building of ‘smart’ machines, able to perform human tasks by mimicking human attributes, intelligence, and reasoning, but without direct human intervention.

Released on Dec 13, 2021

The EU’s draft regulation on artificial intelligence (part 1)

The first part of this analysis encompasses the AI Act’s scope, as well as prohibited AI practices, AI systems needing higher level of transparency and those subject to voluntary compliance. The second part will be published in the next volume of the Technology Law eBulletin, and will concentrate on high-risk AI systems and the outlined set of requirements for them.

Released on Jun 25, 2021

Indian data laws that made the headlines

This article discusses the technology and data related developments which made headlines recently and have the potential of changing the way companies do business in India.

Released on Jun 24, 2021

Open banking and emerging opportunities for Fintechs in Nigeria

Open banking is an emerging financial services model that focuses on the portability and open availability of customer data held by financial institutions. With the growth of financial technology (‘fintech’) companies, open banking may lead to a situation where a customer banking with multiple institutions can manage their accounts from a centralised location without having to check out from one system to another.

Released on Jun 24, 2021

20 years of Argentinian privacy law: its current status and what to expect

Released on Jun 24, 2021

China issues new foreign investment security review measures

Released on Jun 24, 2021

Domain names- still a (very) appreciated digital asset

It has been more than 20 years since companies, organisations and individuals began to build their digital identities around a domain name. That made sense in the late 1990s, when domain names were the natural extension of well-established brands and search engines and other digital tools were not as developed as they are now.

Released on Jun 24, 2021

Telemedicine in Spain today: regulatory and ethical challenges

This article’s focus is a very simple concept: telemedicine, which enables services normally performed by healthcare professionals to be accomplished by remote means with the support of information and communication technologies (ICT)

Released on Jun 24, 2021

Editor's note - Technology Law Committee

A message from the Editor of the Technology Committee from the June 2021 eBulletin.

Released on Jun 24, 2021

The EU’s new standard contractual clauses – ensuring international data transfers?

Transferring personal data from the European Union to third countries is riskier than ever. With its Schrems II decision (16 July 2020 – C-311/18), the Court of Justice of the European Union (CJEU) closed many loopholes and postulated a strict assessment of the laws of the importing country.

Released on Jun 24, 2021

The perspective of the Brazilian Federal Supreme Court on the right to be forgotten

Everyone has something in their life that they would like to simply erase from their memories. However, it is undeniable that while living in the information era and with today’s technology this may be difficult, as everything is recorded and registered and information spreads almost instantaneously around the world. The Brazilian Federal Supreme Court recently positioned itself with regards to the right to be forgotten.

Released on Jun 24, 2021

Chair's message - February 2021

Chair's Note Technology Law Committee February 2021

China initiates its new infrastructure campaign, with 5G leading the way

The 2020 Government Work Report of China delivered at the ‘two sessions’ makes clear reference to a ‘new infrastructure’ for the first time. The ‘new infrastructure’ covers seven key sectors, including: 5G base stations; ultra-high-voltage, high-speed railways; urban rail systems; new energy vehicle charging piles; big data centres; artificial intelligence; and the industrial internet. This new infrastructure campaign in China is a great opportunity for both domestic and foreign investors.

Achieving net zero: a key role for digitalisation and open data

This article examines the Future Energy Scenarios set out in the National Grid ESO’s recent report, with a particular focus on the role of digitalisation and open data in achieving net zero in the UK by 2050.

How China's first-ever civil code protects personal information

China’s legislature finally completed the enormous and arduous project of enacting the first comprehensive codification of its civil laws this year. Promulgated in the age of data, the Civil Code not only covers the traditional aspects of civil law but privacy and personal information.

How cloud-based solutions are changing the way we approach discovery and disclosure obligations

How cloud-based solutions are changing the way we approach discovery and disclosure obligations.

China issues new measures for cybersecurity review

Three years after the former draft of Measures on Security Examination for Online Products and Services (Trial Implementation), the official Measures for Cybersecurity Review finally came out in 2020.

China’s Ministry of Commerce issues circular on the cross-border data transfer security management pilot

The Measures on Security Assessment for Cross-border Transfer of Personal Information and Important Data (Exposure Draft) released in 2017 and the Measures on Security Assessment for Cross-border Transfer of Personal Information (Exposure Draft) in 2019 have received questions, comments and even criticism from interested groups. China has yet to form a clear regulatory regime for cross-border data transfer. The Ministry of Commerce recently issued a circular, signifying the pursuit of the regime through pi

Recent trends in regulations on autonomous vehicles in Korea

Recent trends in regulations on autonomous vehicles in Korea.

Dealing with GDPR compliance risks in M&A transactions

Dealing with GDPR compliance risks in M&A transactions.

Surbtc, Cryptomkt and Orionx in the Chilean Antitrust court: questions from the Argentinian market

Three cases being handled by the Chilean Free Competition Defence Tribunal invite us in Argentina to review some antitrust concepts and to imagine how a similar situation would be handled at a local level.

Nigeria: data privacy checklist for working remotely

Due to the Covid-19 pandemic, employers and employees have had to work remotely in a manner that can best be described as unprecedented. We have therefore compiled a data privacy checklist which should be considered in helping minimise risks when working from home.

Twenty reasons why GDPR compliance does not exempt companies from adjusting to the LGPD

This paper analyses similarities and differences between Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), and Brazilian Law No 13,709 of 15 August 2018, also known as the General Data Protection Act (LGPD). The analysis of the situation seeks to ascertain main points that requires attention when adapting privacy rights enforceable in the European Union to Brazil. Considering that LGPD is inspired in GDPR [...]

Government, technology and Covid-19 in Colombia

This article discusses the legal and regulatory measures the Colombian government has taken in relation to the Covid-19 pandemic as an example of an emerging economy facing a major public health crisis. The measures taken in areas such as electronic commerce, consumer protection, digital public services, teleworking, access to justice (arbitral and judicial), data protection are outlined.

IBA cybersecurity guidelines for law firms during the Covid-19 crisis

During the current Covid-19 pandemic crisis, there has been an increase in the number of cyberattacks (like ransomware) on law firms globally. The IBA Cybersecurity Guidelines equip and empower law firms and lawyers to protect themselves from such online virus threats, attacks and data breaches, giving their clients the best possible assurances that their confidential data is duly protected, thereby effectively ensuring the access to legal services and securing access to justice.

The incorporation of digital technologies into corporate law

By Mariana Vázquez and Dolores M. Gallo. The incorporation of digital technologies into corporate law - Technology Law Committee newsletter article, June 2020

Recent major amendments to three South Korean data privacy laws and their implications

By Chris H Kang and Sun Hee Kim. Recent major amendments to three South Korean data privacy laws and their implications - Technology Law Committee, June 2020

M&A trends in the tech sector in light of the Covid-19 pandemic

The Covid-19 pandemic is causing substantial cash flow problems for business. Many companies in the tech sector need to seek additional financing. In light of this situation, several M&A trends have already emerged. In particular, deal structures almost always involve both financing and equity elements and varying security structures. Additionally, the deals move forward rapidly and investors typically enjoy less contractual protection compared to those in normal M&A deals.