MoFo Tech

March 24, 2020 - European Union
Hard Knocks Keep Coming for Europe’s Unified Patent Court
By: Wolfgang Schönig and Robert Grohmann
With brexited UK announcing that it will not join Europe’s long-awaited Unified Patent Court (UPC), the establishment of an efficient pan-European patent litigation system faces ever‑mounting challenges. Last Friday, the German Federal Constitutional Court declared that the German Act of Approval of the UPC
... ›
March 23, 2020 - Artificial Intelligence + Robotics, European Union
Changing the Safety and Liability Rules on AI – What is the European Commission planning?
By: Alistair Maughan, Mercedes Samavi and Dan Alam
A White Paper on Artificial Intelligence (AI) from the European Commission provides insight on how governments might change product safety and liability rules to address the issues arising from AI systems. Five years ago, the European Commission (EC) established a key policy agenda designed
... ›
February 13, 2020 - Artificial Intelligence + Robotics, European Union
Can AI Be an Inventor? Not at the European Patent Office.
By: Alistair Maughan and Anna Yuan
The European Patent Office has denied two patent applications on the grounds that an AI system cannot be listed as the inventor. For the first time, the European Patent Office (EPO) has issued a ruling on its approach to patent applications that designate artificial
... ›
January 28, 2020 - European Union
Un-Levelling the Playing Field: The UK Declines to Implement the New EU Copyright Law
By: Sana Ashcroft and Alistair Maughan
The UK has announced that it will not implement a key change in the EU copyright regime after Brexit. As a result, for affected businesses, consistent Europe-wide digital compliance in the post-Brexit era just became a little bit harder. The EU Digital Copyright Directive
... ›
October 09, 2019 - Privacy + Data Security, Blockchain, European Union
Why Blockchain is not inherently at odds with GDPR - Part 2
By: Lokke Moerel and Marijn Storm
What are the real data protection issues? The fact that BC, both public and private, is inherently transparent and immutable may clash with data minimization principles and may make it impossible to respond to rights of individuals to have their data corrected or deleted.
... ›
October 08, 2019 - Privacy + Data Security, Blockchain, European Union
Why Blockchain is not inherently at odds with GDPR - Part 1
By: Lokke Moerel and Marijn Storm
“ In an almost direct clash of intentions, the GDPR has effectively banned the use of blockchain technology in Europe because of its immutable nature. ” – Forbes Summary The current perception is that blockchain is not compatible with GDPR. We disagree that this
... ›
July 23, 2019 - Tech Talks, European Union, Financings, Fintech
Financial Services Technology Outsourcing: The UK Regulators Flex Their Muscles
By: Alistair Maughan and Sana Ashcroft
It’s all very well to issue regulatory guidance – but it’s what you do to enforce it that really counts. The UK financial services regulatory agencies have imposed fines exceeding $2 million on a UK bank that did not implement enough oversight on an
... ›
July 09, 2019 - Privacy + Data Security, European Union
The CNIL Strikes Again – Mind Your Security
By: Ronan Tigner and Alex van der Wolk
The French data protection authority, the CNIL, continues to fine organizations for failing to adopt what the CNIL considers to be fundamental data security measures. In May 2019, the CNIL imposed a EUR 400,000 fine on a French real estate company for failing to
... ›
June 14, 2019 - European Union
Highest EU Court: Skype is a Regulated Telecommunications Service – Gmail is Not
By: Andreas Grünwald and Christoph Nüßing
In two long-awaited decisions handed down yesterday and last week, respectively, the European Court of Justice (ECJ) had the opportunity to decide the fate of online or “over-the-top” (OTT) communications services under European telecommunications law – but it left several key questions unresolved In
... ›
May 29, 2019 - European Union
Youth Protection in Germany: Online Age Checks and Daytime Blackouts Ahead?
By: Andreas Grünwald and Christoph Nüßing
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If
... ›