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Health apps and data privacy

Technology linked to health and fitness is big business. But the abundant data privacy issues are leading to increasing numbers of enforcement actions.

The Damages in International Arbitration (DIA) App

This article provides an introduction to the Damages in International Arbitration (DIA) app, an interactive web application prepared by the ICCA-ASIL Task Force on Damages following five years of work. It has been prepared on the basis of the author’s contribution at the 2022 IBA Day Istanbul in March 2022 in the panel chaired by Mark Friedman and including David Dearman and Smitha Menon. The DIA guides users through the key legal, quantitative and procedural issues implicated by quantifying damages in international arbitration. The article is illustrated with some screen shots from the DIA web application and also refers to Friedman’s presentation on the suggested Quantum Academy (see pages 69–78).

Covid tracing apps: a comparison of different approaches

As the global community struggled to contain the Covid-19 pandemic throughout 2020, various international governments incorporated new data-driven technologies within their suite of regulatory tools to reduce the spread of the coronavirus.

China adopts ‘carrot and stick’ approach to apps

China has witnessed continuing progress in personal data protection laws as well as the tightening of law enforcement in this field. Recently the authorities’ spotlight has been on mobile applications or apps, which are the most popular way that businesses collect personal information. Chinese authorities have adopted the carrot and stick approach by cajoling app operators into following the best practice, while aggressively going after violators to curb illegal apps

Arbitrability of disputes between apps and drivers in Uruguay

On 3 June 2020, a Court of Labor Appeals in Uruguay rendered the first local decision on enforcement of an arbitration provision between Uber and a driver using its app.

India’s Reserve Bank tightens the regulatory framework for digital lending apps

Over the past few years, digital lending apps (DLAs) have greatly aided both business users and retail customers in India. However, to curb growing malpractice and the misuse of customers’ personal data, on 2 September 2022, the Reserve Bank of India (RBI) issued official guidelines to restrict the activities and improve the oversight of DLAs. All RBI regulated entities have until 30 November 2022 to put in place adequate systems and processes to ensure that all their digital loans are in compliance with the new guidelines.

Digital therapeutics and AI-driven health apps: regulatory and intellectual property considerations

Determining a product’s classification is arguably one of the most important steps involving its initial assessment. Whether a product is considered a medical device, an in vitro diagnostic device (IVD) or a consumer product will dictate the specific product safety and compliance legislation that applies.

Technology meets justice: marking ten years of the eyeWitness to Atrocities app

The eyeWitness app was born out of a powerful idea: that technology could help bring justice to victims of the world’s worst crimes. So, eyeWitness partnered with LexisNexis to create a tech-driven solution – an app designed to help human rights defenders, journalists and civilians document and report atrocity crimes in conflict zones and high-risk areas in a way that ensures the evidence can be used in legal proceedings at the highest level.

Russia-Ukraine war: eyeWitness to Atrocities app captures potential evidence for trials

As Russia’s war against Ukraine rages and allegations of war crimes grow, gathering evidence that can later be used in a court of law to bring any transgressors to justice becomes ever more necessary. To this end, the eyeWitness to Atrocities app is being used in Ukraine to capture potential evidence of crimes committed in a verifiable format to be submitted in future cases.

Digital therapeutics and AI-driven health apps: sanitary regulatory and IP considerations in Argentina

This article examines the legal status of digital therapeutics and artificial intelligence (AI)-driven health applications within the Argentine regulatory framework, focusing on their potential classification as a medical device or software as a medical device (SaMD) from a local law perspective, the data protection obligations that the processing of health-related information triggers and the intellectual property considerations applicable to software and AI-based health technologies.

Innovative eyeWitness to Atrocities app is focus of IBA and JustTalk Ukraine technology event

The International Bar Association (IBA) and JustTalk Ukraine hosted an event in Kyiv to explore the use and efficacy of new technologies in military conflict. Titled ‘Technology in the fight against war crimes: challenges and paths to justice’ the event brought together experts, practitioners and international partners...

Ukrainian court cases rely on footage captured with the IBA-founded eyeWitness to Atrocities app

Footage captured in war-torn Ukraine using the International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) controlled-capture phone app has been used to fortify four cases before the country’s courts. The tamper-proof photo, video and audio footage captured using the eyeWitness app…

Digital therapeutics and AI-driven health apps: regulatory and IP considerations from a Colombian legal perspective

This article examines Colombia’s framework for digital therapeutics and artificial intelligence (AI) driven health apps, linking medical record obligations and data protection requirements to Software as a Medical Device (SaMD) workflows. It outlines the legal status of medical records, the interoperable electronic medical records (HCEI), and safeguards for automated processing, including consent and algorithm auditability. The regulatory section maps current INVIMA registrations and notes the absence of autonomous AI approvals, highlighting reliance on FDA/EU authorisations for homologation. The IP analysis addresses patentability limits for software, protection of computer implemented inventions, and complementary tools such as copyright, industrial designs, trademarks, and trade dress.

eyeWitness app authenticating potential evidence of war crimes is shortlisted for UK ‘tech for good’ award

The International Bar Association (IBA)-founded eyeWitness to Atrocities (eyeWitness) app and organisation have been shortlisted in the ‘tech for good’ category of the 2024 UK tech awards, amid an ever more difficult landscape of international conflicts. These awards celebrate outstanding achievement in this rapidly...

New article analyses Covid-19 digital contact tracing apps from a business and human rights perspective

In the context of the Covid-19 pandemic, with governments adopting unprecedented technologically driven measures to deal with the emergency, the International Bar Association’s (IBA) Legal Policy & Research Unit (LPRU) and the IBA Business Human Rights Committee have published Digital contact tracing for the Covid-19 epidemic: a business and human rights perspective.

eyeWitness to Atrocities app reaches 10,000 milestone of verifiable photos and videos relating to war in Ukraine

Russia’s invasion of Ukraine has led to hundreds of human rights defenders in the embattled country downloading the eyeWitness to Atrocities camera app and submitting 10,000 verifiable videos, photographs and audio files of alleged war crimes. These pieces of potential evidence represent the largest haul for the app in a single conflict zone to date. The 10,000 milestone demonstrates Ukrainian human rights defenders’ desire to ensure that declared violations are captured and processed in a way that is acceptable for investigators and courts of law.

Contact tracing apps and human rights – the role of the business sector to prevent a digital rights pandemic

A webinar presented by the IBA Legal Policy and Research Unit and IBA Business Human Rights Committee, 25 June 2020, 1300-1400 BST.

eyeWitness to Atrocities app surpasses collection of 20,000 verifiable items of potential human rights violations in Ukraine, and group submits evidence to UN COI

In Ukraine, users of the eyeWitness to Atrocities camera app have safely deposited, in the eyeWitness secure vault, 20,000 verifiable videos, photographs and audio files of alleged war crimes since the start of Russia’s invasion.

Italian Communications Authority issues copyright enforcement measures against Telegram

The Italian Communications Authority (AGCOM) has initiated proceedings for online copyright infringement on the application of publishing industry rights holders. The applicants claimed that public channels on the instant messaging platform illegally made thousands of journalistic and literary works from their catalogues available for downloading. AGCOM’s moral persuasion proved pertinent, as Telegram spontaneously removed them. Most recently, emergency legislation has introduced new provisions expanding A

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions - China Working Group

By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.

Improving (anti-)social media behaviour

Legislators and regulators have intensified their efforts to drive social media platforms towards ‘good behaviour’ in response to concerns about the harms they cause, as Global Insight reports.

Disappearing messages: updating best practices

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.

China's regulation of artificial intelligence – progress and challenges

Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

‘Sham’ election is latest attack on Cambodian democracy

The most recent threat to democratic rule in Cambodia came in the form of July’s national election, which was held against the background of an ongoing media crackdown.

Roundtable: Contract Enforceability in the Age of Covid-19

This ‘roundtable’ article analyses force majeure and the key aspects of enforceability across a number of jurisdictions, in the context of the Covid-19 pandemic. The jurisdictions featured are the United States; the United Arab Emirates; Brazil; Singapore; France; as well as English law.

The enforceability of knock-for-knock indemnity clauses in offshore wind construction contracts