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Hungarian court confirms a fine on Apple due to its commercial practice concerning the ‘Wi-Fi Assist’ feature

In 2016, the Hungarian Competition Authority initiated a procedure against Apple Inc to review whether its commercial communication concerning the launch of the ‘Wi-Fi Assist’ feature (as incorporated into Apple’s operating system ‘iOS 9’) was in line with Hungarian legislation implementing the EU’s Directive 2005/29/EC on unfair commercial practices.

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.

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.

Who Is A Friend? The Hong Kong Court of Final Appeal Delivers a Landmark Ruling

The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.

Outsourcing IT services in the financial sector: Pakistan’s regulatory landscape

There has been an increase in financial institutions outsourcing their technological services to cloud service providers (CSPs) for various reasons, such as a lack of internal IT expertise and cost reduction. However, these institutions are exposed to potential cloud transaction risks, such as legal, technology and firm risks.

M2M and IoT – similarities, differences and the European Regulatory Framework

M2M communications and IoT technologies are revolutionising connectivity between devices, offering smart solutions and creating new market opportunities. However, ensuring regulatory compliance, robust security measures and adequate contractual design are essential to maximise their benefits and mitigate potential risks.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Winds of Change: The Evolving Landscape of Foreign Investment Regimes in Trying Times

With the growing interdependence of world economies, foreign investment has indisputably become a very important strategic tool. Consequently, a new generation of investment policies is surfacing, with a wider objective of maintaining a favourable investment climate, while restricting the influx of foreign investment in industries in order to safeguard the domestic interests of host countries. Against this backdrop, this article seeks to summarise the international investment law and policy regime [...]

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

Norway: Competition law and sports – the world number one slalom skier sues national sports federation

The Henrik Kristoffersen case sheds light on the European approach to the weighing of interests between athletes' commercial marketing rights and the commercial marketing rights of (quasi) monopolised sports federations.

Legal levers in a virtual world: teaming online to do different things differently

Legal levers in a virtual world- Law Firm Management Committee newsletter article, April 2020

Competition policy in the digital economy: a developing country perspective

The competition law agenda for digital markets in developing countries should be threefold. First, in response to the threat of globally dominant firms, greater international cooperation and coordination is required to address these threats in smaller countries given the more limited importance of their markets, the more limited enforcement resources and jurisdictional reach. Second, the disruptive force of digital markets should be harnessed to address existing high levels of market concentration

Women in the law - webcast panel discussion - film

The IBA held an expert panel discussion on women in the law on 26 April, chaired by BBC broadcaster Fi Glover. The panel comprised four lawyers at the very top of the profession: Margaret Cole, former managing director of the UK Financial Services Authority’s Conduct Business Unit; Baroness Helena Kennedy QC, leading barrister and human rights expert; Elizabeth Barrett, Slaughter and May partner and former head of litigation; and Katie Ghose, chief executive of the Electoral Reform Society and forme

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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...

Technology Resources for Arbitration Practitioners - Audio and videoconferencing

Audio and videoconferencing has long been an option for connecting parties, witnesses, experts, arbitrators and counsel in geographically distant locales. Virtually all arbitrations involve the use of ‘dial-in’ numbers to host conference calls, but fewer arbitrations take advantage of videoconferencing.

A new era for medical wearables

Innovations in the wearables sector – for example, smartwatches that can perform medical-grade electrocardiograms – have significant implications for healthcare. Global Insight investigates how the increasing accuracy of these devices has consequences for regulation and the allocation of liability.

An Analysis of the Broader Implications of the European Commission’s International Skating Union Case

On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions

Business Law International (BLI) – September 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.

Financial services regulatory: consultations on climate-related risks

This article considers the changing regulatory landscape for financial institutions globally with respect to climate-related risks. It outlines the key takeaways from consultations both within Canada and internationally.

Working from home: key Indian employment law considerations for employers

This article seeks to highlight certain Indian employment law issues that employers should be mindful of when their employees are working from home, as Indian employment laws do not contemplate the modern concept of working from home and the issues and nuances stemming therefrom.

A shift to digital: the impact of Covid-19 on real estate

This article aims to determine how Covid-19 has impacted the real estate sector. Building on existing work on real estate and technology, it asks: To what extent has the Covid-19 pandemic affected the industry’s intention to digitise processes? Has technology adoption sped up or slowed down?

The Cuban evolution

IBA Global Insight April/May 2017 - Once a Cold War flashpoint, Cuba has moved from economic and diplomatic isolation to open up its markets to foreign investment. The thawing of relations with the United States is fuelling expectations – but lack of legal certainty and the prospect of a hard line under President Trump mean caution is still advisable.

Legal ethics and management in the digital age – need for three-pronged approach towards confidentiality, privilege and social media

The rapid growth and expansion of the internet in the 21st century has had an all-engulfing Midas touch, reaching into every aspect of personal, professional and business communication. This has tested the resilience of professional ethics in more ways than one.

The impact of the lockdown on victims of domestic abuse

Never before has the country or the world found itself in such uncertain and unprecedented times. While Covid-19 will no doubt have a momentous impact on access to justice generally, it is likely that the most vulnerable in society will be effected the most significantly.

Remote working in the Netherlands – challenges and limitations

The Covid-19 pandemic has heavily affected our lives, including the way we work. In the Netherlands, employers are forced to act in line with government lockdown measures and restrictions that are constantly changing. How are Dutch employers dealing with this? What challenges are they facing? Is the Dutch government lending a helping hand by proposing new legislation? And more importantly, are these legislative proposals a solution to the problem?

Legal and ethical challenges in AI-powered smart homes: protecting data, cybersecurity and promoting sustainable innovation in digital economies

AI-powered smart homes leverage IoT to promote sustainable living by optimising energy, security, and comfort. These systems manage resources, adapt to changing conditions, and anticipate future demands, decreasing waste and costs while supporting sustainable energy goals. Ghana's 2024 Digital Economy Policy incorporates ethical AI, data privacy, and cybersecurity, allowing authorities to defend rights and foster confidence.

Changing landscape of satellite communication laws in India

The Indian satellite communications sector is at a turning point in the wake of various developments set to eliminate the regulatory hurdles faced by the industry so far. In this article, we briefly discuss the various issues that have historically plagued the sector and the proposed measures adopted by the Indian government to address them.