Publications for Technology Law Committee
Intellectual property law in the age of emerging technologies
Intellectual property (IP) law is changing dramatically, owing to the rapid growth of developing technologies, globalisation and ongoing legal reforms. In recent years, there has been a significant shift in how IP is regulated and used by businesses. In addition to altering the IP environment, the emergence of modern technologies, like blockchain, big data and artificial intelligence, has presented serious obstacles to the established frameworks for IP enforcement and protection. These technologies are demonstrating the adaptability of IP rules in the present day and changing the core ideas that support them.
Released on Apr 30, 2025
Liability for software under the new European Product Liability Directive
This article provides an overview of the liability for software under the new European Product Liability Directive (EU) 2024/2853 and highlights the conditions under which liability for software arises.
Released on Apr 30, 2025
Brazil’s leading position in data centre and cloud computing investments: key drivers and future perspectives
This article aims to analyse key drivers for Brazil’s current strategic and privileged position in digital infrastructure investments, especially considering the data centre and cloud computing industry. Brazil has enjoyed an investment boom, which has arisen due to a variety of positive factors, including: the legal framework which has lowered the regulatory burden on these activities; organic demand for digital infrastructures that support sophisticated applications and technologies; natural competitive advantages; and pro-investments public policies by the government. It is expected that Brazil will continue this momentum by attracting investment in digital infrastructure and will become a digital leader in the near future, unlocking new opportunities, as new pro-investment policies are yet to be released by the government.
Released on Apr 30, 2025
Consent managers: an Indian solution for managing consent
India’s data protection landscape is undergoing a transformation with the introduction of the Digital Personal Data Protection Act 2023, which envisions the establishment of the role of consent managers to streamline the process of managing, reviewing and withdrawing consent for data processing. While the framework draws parallels with the ‘account aggregator’ model in the financial sector, it presents unique challenges in terms of interoperability, security and regulatory compliance. The full impact of the framework on consent managers will depend on its effective implementation and the finalisation of supporting rules.
Released on Apr 30, 2025
The Ukrainian law on the provision of digital content and digital services
This paper analyses Ukraine’s digital content law that has been recently enacted to implement the European Union Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. It examines the scope of the new legal framework, detailing the key obligations imposed on service providers, as well as the enforcement mechanisms and potential penalties for non-compliance. Additionally, the paper evaluates anticipated regulatory developments necessary for the full operation of the law.
Released on Apr 30, 2025
Blockchain and smart contracts: from speculative uses to supporting sustainable supply chain practices
The article argues that the features of blockchain and smart contracts can support sustainable practices in non-financial sectors. It first presents the concept and functionalities of blockchain and smart contracts. To illustrate alternative uses of such technology, the article then provides some examples. Finally, a reflection on the challenges in regard to regulation and public policies is offered. This reflection emphasises the relevance of adopting a technical perspective on the matter that avoids hindering innovation.
Released on Apr 30, 2025
Prospective employee background checks: privacy considerations for employers in India
This article examines the interplay between the common practice of conducting pre-employment background checks and protecting a candidate’s right to privacy. India’s new data protection law, the Digital Personal Data Protection Act 2023 (which is yet to come into force), allows the processing of personal data on two grounds only, namely when consent has been given and for certain specific legitimate uses. It assesses whether pre-employment background checks fall within scope of such legitimate uses and also explores the challenges posed by the involvement of third-party service providers in background verification processes. This article concludes by highlighting some key practices that may be adopted by employers to ensure compliance with data privacy laws during pre-employment background checks.
Released on Apr 30, 2025
Brazilian National Data Protection Authority’s guide on the role of the data protection officer
The data protection officer plays a crucial role in ensuring the compliance with data protection laws, transparency requirements and effective data protection practices within organisations subject to the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados or LGPD). Acting as a communication bridge between the data controller, data subjects, and the National Data Protection Authority, the DPO plays an essential role in overseeing the protection of personal data. Key aspects of the role include the fulfilment of the formal designation process, attainment of the required qualifications and the need to prevent conflicts of interest.
Released on Apr 30, 2025
The NIS2 Directive: a new era of cybersecurity regulation in the European Union
In recent years, cybersecurity has moved to the forefront of corporate risk management. In the European Union, this shift has now become a legal reality. With the adoption of the NIS2 Directive (Directive (EU) 2022/255), thousands of companies, including many mid-sized and family-owned businesses, will soon face binding obligations aimed at enhancing their digital security posture.
Released on Apr 29, 2025
Raising the bar on cybersecurity: what the European Cyber Resilience Act means for digital products
With the Cyber Resilience Act, the European Union is putting the cybersecurity of digital products at the centre of regulation. Manufacturers, importers and distributors of products with digital elements will have to meet comprehensive cybersecurity and vulnerability management requirements, from the design stage to long after the product has been placed on the market. Supply chain cybersecurity is also now at the heart of EU regulation.
Released on Apr 29, 2025
Navigating the artificial intelligence landscape: a legal perspective on governance
The rapid integration of artificial intelligence (AI) into business operations must have robust governance frameworks to navigate the complex legal and ethical landscape. This article examines the definition and key components of AI governance, its implementation within organisations and the critical considerations surrounding data protection, intellectual property, compliance and AI ethics. Furthermore, it provides focused analysis of the emerging regulatory environment in Colombia, specifically addressing Circular 002 of 2024 issued by the Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio or SIC) and CONPES 4144 of 2025.
Released on Apr 29, 2025
Pakistan's leap into the future: National Freelancing Facilitation Policy 2023
Pakistan's Ministry of Information Technology and Telecommunication (MoITT) has drafted the National Freelancing Facilitation Policy 2023, a substantial initiative aimed at strengthening its digital economy. The objective of this policy is to establish Pakistan as a prominent global centre for freelancing, thereby augmenting the average yearly income of freelancers and making a substantial contribution to the country's influx of export remittances.
Released on Feb 3, 2025
Improving Pakistan’s cybersecurity architecture using US and UK insights
This article explores the cybersecurity environment in Pakistan by scrutinising the current legal framework, highlighting deficiencies and suggesting improvements to tackle new threats. While an important piece of legislation, the Prevention of Electronic Crimes Act (PECA) 2016 doesn’t adequately handle modern issues like incident response, data protection and rising cyber threats. The article emphasises the need for a comprehensive data protection law, a specialised cybersecurity agency and improved international collaboration by benchmarking against the cybersecurity frameworks of the US and the UK. A multifaceted strategy combining technology, public awareness and regulation is necessary to secure Pakistan’s online presence.
Released on Nov 6, 2024
The protection of intellectual property rights in Pakistan
In Pakistan, intellectual property rights (IPRs) are safeguarded through a legal system which aims to protect and advance innovation, investment and creativity. Patents, trademarks, copyrights and industrial designs are some of the domains covered by the Pakistani IPRs regime. This article will highlight the methods of protection in terms of IPRs in Pakistan and will discuss the procedures relating to disputes related to the infringement of such rights.
Released on Sep 11, 2024
Updated: An overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Sep 11, 2024
Legal framework for cloud services procurement
To guarantee openness, equity and effectiveness, cloud service procurement requires a carefully planned process. In order to procure cloud services, a request for proposal (RFP) document outlines the legal and procedural framework. This article focuses on important elements like eligibility requirements, proposal submission and evaluation processes, general and special conditions of contract, and dispute resolution mechanisms.
Released on Aug 18, 2024
AI regulations – a rising global issue: an Australian perspective
Artificial intelligence (AI) technologies deployed in Australia largely originate from China, Europe, Japan and the US with these countries being the innovators in the AI field having the highest patent filings globally. The Australian Government has recognised that to take advantage of globally supplied AI technologies and to support safe AI development and adoption, regulatory and governance frameworks are required that are consistent with global regulatory approaches. Australia is a participant in a number of global forums on AI regulation and governance.
Released on Aug 18, 2024
Pakistan’s National Space policy
Launched on 13 December 2023, Pakistan's National Space Policy (NSP) represents a significant turning point in the country's efforts to explore space and progress technology. This policy is an attempt to bring Pakistan's space activities into line with international trends and geopolitical difficulties in order to promote international cooperation and guarantee adherence to international norms. The NSP emphasises the importance of legal frameworks, public-private collaborations and sustainable space operations. It encompasses goals including national development, peaceful space utilisation and self-reliance in space technology. The National Space Agency is now known as the Space and Upper Atmosphere Research Commission (SUPARCO). The NSP outlines key areas of concern, such as industry promotion, capacity building, and research and development. Pakistan is set to become a major player in the international space community as SUPARCO implements the NSP, supporting scientific innovation, economic development and national security.
Released on Jun 18, 2024
Overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban of cryptocurrency usage or trading, the regulatory regime remains in flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating risks like, foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Jun 18, 2024
Brazilian legal framework on automated decision-making
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously taken by humans, such as those related to hiring and dismissing employees; assessing insurance risks and credit scores; diagnosing medical conditions; and moderating social media content, are now being made by artificial intelligence (AI) systems through the massive processing of personal data. Although the rise of AI has undeniably brought many benefits to society, primarily through increased productivity and maximising efficiency, the widespread use of these systems also presents significant legal and ethical challenges to regulators worldwide.
Released on Jun 9, 2024
‘Privacy by design’: leveraging technology to ensure data privacy
As data privacy becomes an increasingly important concern across the world, innovative mechanisms such as privacy by design can be incorporated by corporations to add defensibility and probative value to their data privacy compliances.
Released on Jun 9, 2024
The telecommunications industry in Pakistan: growth, challenges and opportunities
Pakistan's telecommunications business has expanded significantly in recent years, spurred by rising demand for low-cost cellular services. The spread of mobile and broadband networks, as well as government attempts to improve infrastructure and promote competition, have all played important roles in this development. The sector's rise was notably pronounced during and after the Covid-19 pandemic, which considerably increased e-commerce and as a result, demand for connectivity. Despite these developments, the industry continues to face policy-based and operational hurdles which have hampered increased investment.
Released on May 28, 2024
LGPD development in Brazil: ANPD Resolution No 15/24
The Brazilian General Data Protection Law (LGPD) represents a significant milestone for data protection in Brazil, aligning itself with international standards and providing a solid legal framework for the privacy of personal data. As a part of this process, Resolution CD-ANPD No 15, of 24 April 2024, has emerged as a crucial regulation that establishes the procedures for reporting security incidents. This article will analyse the main aspects of this resolution, assessing its strengths, limitations, impacts and suggesting possible improvements.
Released on May 28, 2024
Investment opportunities and incentives in Pakistan’s electric vehicle sector
Due to the increasing prices of traditional fuel and deteriorating environmental health at a global level, it is imperative for the world to consider shifting towards electric vehicles (EVs). This transition has been the centerpiece of all conversations in the automobile in-dustry against the backdrop of climate change, sustainability, energy transition and capaci-ty building for the adoption of newer technologies that safeguard the environment while creating new business opportunities.
Released on May 23, 2024
Navigating new terrain: key updates in Jordan's technology-related legal framework
The rapid proliferation of technology and artificial intelligence (AI) has significantly influenced global markets, necessitating robust regulatory frameworks. This article explores Jordan's agile response through the enactment of the Jordanian Cybercrimes Law (Law no 17 of 2023) and the Personal Information Protection Law (Law no 24 of 2023). These laws not only criminalise certain online activities and protect personal data but also position Jordan as a regional leader in addressing the dual imperatives of innovation and security in the digital age.
Released on May 23, 2024
Unlocking potential: legal and regulatory dynamics in Pakistan's digital health industry
Pakistan's healthcare landscape is undergoing a transformative shift propelled by the burgeoning digital health sector. With the advent of innovative technology and an increasing desire for effective healthcare solutions, the nation is witnessing the rise of digital platforms, telemedicine services and health information systems. Despite this positive progress, the sector faces some legal and regulatory challenges.
Released on May 3, 2024
Navigating the fintech landscape in Pakistan: legal framework, opportunities and challenges
The financial industry in Pakistan is rapidly evolving, offering a plethora of opportunities while also posing distinct problems. This expansion is fuelled mostly by technical improvements, a young and tech-savvy population and a favourable regulatory framework. However, the legal landscape surrounding fintech in Pakistan is complex, with various regulatory bodies and legal instruments. This article examines the legal framework, prospects and obstacles in Pakistan’s fintech sector, including legislative analysis and examples of emerging technologies.
Released on Mar 7, 2024
New regulations for marketplaces and other digital platforms: latest updates in Argentina, Brazil and Mexico
This article reviews the latest legal updates regarding regulation and scrutiny of marketplaces and other digital platforms operations in Argentina, Brazil and Mexico from an antitrust, data privacy and consumer protection standpoint, and their relationship with recent European regulations such as the Digital Services Act (DSA) and the Digital Markets Act (DMA).
Released on Feb 26, 2024
Media and telecommunications framework in Pakistan
Media and telecommunications in Pakistan are governed by specific Pakistani laws and regulations which set the standards, licencing procedures and data protection measures. This article examines the legal structure governing these areas, highlighting important rules and laws.
Released on Feb 6, 2024
Pioneering Pakistan’s Technological Ascent: A Comprehensive Analysis of the 5G Deployment Landscape
Pakistan, a country rich in cultural diversity and history, is leading the way in the rollout of 5G networks, a technological revolution, particularly for the Global South. With the world striving for technological superiority, Pakistan is preparing to become one of the countries providing the next wave of connectivity. This article examines the current regulatory frameworks, recent policy announcements and the role of financial institutions in facilitating this revolutionary transition. It also delves into the intricate details of the legal, financial and strategic aspects surrounding the introduction of 5G in Pakistan.
Released on Jan 9, 2024