Committee publications

  • Subject
  • Region
  • Year
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

From the Chair, Aviation Law Committee

An introduction from the new Chair of the IBA Aviation Law Committee, Serap Zuvin, including a run-down of the Committee’s plans for 2021.

Released on Jun 24, 2021

Trade wars: EU blocking statutes on US sanctions against Iran, the Advocate General of the European Court of Justice calls for a review of the functioning of the regulation

This article discusses the Advocate General of the Court of Justice of the European Union’s opinion regarding the application of EU blocking statutes, aimed at protecting EU operators from effects of certain laws adopted by third countries.

Released on Jun 24, 2021

Biden administration takes aim at Chinese military-related companies

This article looks at the recently announced updated restrictions on the ability of persons from the United States to invest in publicly traded securities of certain companies related to China’s defence and surveillance sectors.

Released on Jun 24, 2021

The impact of Covid-19 measures on the leisure and hospitality industry in Mexico

Leisure and Hospitality Industry in Mexico represents one of the biggest sources of income. In addition to the foregoing, there are states in the country that depend 90% on tourism. The arrival of Covid-19 in Mexico represented a huge challenge to its economy and particularly to the touristic, leisure and hospitality sector, considering the travel bans and international and local restrictions. Mexico is adopting protocols with the objective to standardise security measures as in other countries. These new measures will be the new standards in leisure activities in Mexico, and will represent our new normal by leisure economic agents.

Released on Jun 14, 2021

How to make the transition from face-to-face to virtual meetings: Business Development and Marketing Subcommittee guide, June 2021

Particularly in the legal profession, having face-to-face meetings are essential to build up and maintain a relationship with clients, members of staff and other persons important to your practice. For most of us this has changed drastically overnight when working from home became the norm.

Released on Jun 10, 2021

Portugal: cash pooling arrangements and exemption from stamp duty

For more than ten years, multinational enterprise groups operating in Portugal with cash pooling arrangements were faced with the interpretation that such intragroup financing was subject to – and not exempt from – stamp duty. In 2020, the country’s stamp duty code was amended to include a specific exemption applicable to cash pooling arrangements. The question is whether this will work in regard to cross-border arrangements and what remedies may be available.

Released on Jun 10, 2021

From from the Co-Chairs of the Leisure Industries Committee

A message from the Co-Chairs of the Leisure Committee from the June 2021 e-Bulletin

Released on Jun 8, 2021

Needles & Stitches: Understanding the Nigerian Intellectual Property Rights in Fashion Law

Fashion labels and brands have become more protective of their intellectual property rights. This consciousness is undoubtedly more pronounced in Europe and North America. Sub-saharan Africa and Nigeria, in particular, are still playing catch-up. The fashion industry in most parts of Nigeria and sub-Saharan Africa involves a lot of innovation and creation, so much so that the owners of the labels give a second thought to the issues of intellectual property protection. This article explores the challenges of inadequate regulatory frameworks in this respect and makes a case for a change.

Released on Jun 8, 2021

The Right to Use Images of Athletes for Commercial Purposes – Gold Mine or Undermined?

In today’s modern sporting world, image rights can hold enormous commercial value to both the professional athlete and his club. Image rights can be defined as the proprietary rights that arise from the commercial exploitation of a sporting personality’s name and image. Sports image rights are very valuable assets. The iconic 1970s English soccer player, Kevin Keegan was the first sports personality to enter actively into what was known at the time as a ‘face contract’ for what was essentially his image rights. This article analyses the concept of image rights contract, a comparative analysis of the image rights regime in Europe and the United States of America, the regulatory challenges in the Nigerian Professional Football League, and the untapped commercial opportunities for athletes.

Released on Jun 8, 2021

The impact of the Covid-19 pandemic on the guarantee hotel contracts in Greece

The totally unexpected pandemic of Covid-19 had a major impact on the worldwide economy and on the international markets. Among the markets most affected globally from Covid-19’s outbreak is the tourism/leisure industry. The lockdown restrictions - the result of the government's efforts to keep the pandemic's spread under control - led to suspensions of hotel operations as well as to prohibitions of international flights.

Released on Jun 8, 2021

The AirBnB business model is at risk: A prior authorisation requirement for short-term property lettings to combat a structural housing shortage is consistent with the EU Services Directive

This article discusses the EU Court of Justice’s ruling of 22 September 2020 (joined cases C‑724/18 and C‑727/18) that national legislation requiring an authorisation or permit for the short-term letting of residential properties is consistent with EU law, given that a housing shortage and shortage of long-term housing rentals constitute ‘an overriding reason relating to the public interest’. As a result of this ruling, several mayors of European metropolitan cities, amongst others those in the Brussels Capital Region, now have leverage to effectively mitigate the ‘invasion’ of AirBnBs on the property markets of Europe’s tourist hotspots.

Released on Jun 8, 2021

Energy transition in Portugal: current status and post-pandemic trends

Notwithstanding the arrival of the Covid-19 pandemic, the fight against global warming is possibly the most pressing issue in the international agenda. This article summarises Portugal’s policies on energy transition before the pandemic and highlights some of the post-pandemic market trends.

Released on Jun 8, 2021

‘Turnkey’ German system for electric power transmission projects in Paraguay

Paraguay would seem to be a clear example of a favourable ecosystem for private investment in public infrastructure through various procurement mechanisms. In recent decades, a remarkable macroeconomic, tax and currency stability has been established and consolidated with a neat and careful management of public accounts, as well as respect for long term compromises which provide a safe framework for investors.

Released on Jun 8, 2021

Prospects of embedded generation in the Nigeria’s power sector

The unreliability of Nigeria’s power sector has led industry stakeholders to seek alternative sources of electricity for consumers while waiting for the national grid power to improve significantly. This article focuses on the prospects of embedded generation in Nigeria.

Released on Jun 8, 2021

Judicial interpretation of Section 71(6) of the Nigerian Electric Power Sector Reform Act 2005

In liberalising Nigeria’s electricity sector, the distribution of electricity was handed to Distribution Successor Companies. The assumption was that the licences issued to these Companies over certain geographical areas were exclusive. This court case provides clarity through the judicial interpretation of Section 71(6) of the Electric Power Sector Reform Act 2005.

Released on Jun 8, 2021

Renewable energy in Nigeria: law, regulation, trends and opportunities

As the harmful effects of pollution and greenhouse gas emissions become clearer and the need for sustainable development takes on a more central role in the global energy conversation, there appears to be a consensus amongst key players that it is imperative to shift focus towards renewable energy and other clean energy sources.

Released on Jun 8, 2021

What Kenya and the rest of Africa can learn from the recent Texas power outage

In February 2021, Texas’s power crisis became a major issue. From the discussions by experts and officials, it could be attributed to extreme weather conditions, exceptional electricity demand, a non-weather-resistant energy system, poor predictive planning, Texas’s laissez-faire energy market and its independent grid.

Released on Jun 8, 2021

The future of renewable energy communities in Italy: an opportunity

The rapid development of renewable energy communities in Italy and the changes brought about by EU Directive 2018/2001.

Released on Jun 8, 2021

The impact of renewable energy on Ghana’s economy

Renewable energy plays an important role in expanding the Ghanaian economy while at the same time, protecting its environment.

Released on Jun 8, 2021

Chile’s new Energy Efficiency Law

After more than two years of debate, Law No. 21,305, the Chilean Law on Energy Efficiency (CLEE), was published on 13 February 2021. It establishes, among other matters, the following aspects relating to energy efficiency.

Released on Jun 8, 2021