Brussels IP and Tech Update – April 2023

In this edition of our IP and Tech Update, we bring you news on IP infringement risks presented by generative AI, the Medical Devices Regulation and the Digital Services Act.

We also discuss and guide you through the regulatory patchwork of online advertising from an EU regulatory data protection perspective.

Finally, we share some insights on the Belgian data protection authority’s recent decision on the public interest legal basis regarding a vehicle tracking system and on the judgement of the Constitutional Court stating that third parties should be able to appeal DPA decisions.

 

Featured insights

Art(ificial intelligence) imitates life: IP infringement risks presented by Generative AI

In recent weeks, generative AI platforms like Chat GPT-4, DALL.E 2, and Stable Diffusion, have been making the headlines. Many have questioned the impact this technology will have on business, education and the creative sectors, and the potential benefits it may bring. Read our analysis on the IP infringement risks presented by generative AI here.

Extended transition period gives medical device industry extra time to comply with EU MDR

A much-awaited extension of the MDR transition period became effective on 20 March 2023 with the publication of Regulation (EU) 2023/607 in the Official Journal of the European Union.  As of 20 March 2023, manufacturers of MDR legacy devices will have longer deadlines to certify their products. But the extension is subject to several conditions to ensure that only safe devices, for which the manufacturer has applied for MDR conformity assessment by 26 May 2024, may benefit from the new transition period. Read our blogpost here.

The Digital Services Act – a new set of regulations for online platforms

On 16 November 2022, the Digital Services Act (DSA) came into force. It targets online intermediary services and online platforms. After the transitional period expires on 17 February 2024, the DSA will be directly applicable throughout the EU. In this blogpost, we give an overview of the new Regulation.

Belgium: Belgian data protection authority clarifies the public interest legal basis regarding a decision on a vehicle tracking system

On 21 February 2023, the Litigation Chamber of the Belgian Data Protection Authority ruled on a case relating to the lawfulness of a geolocation tracking system for employee vehicles used by a public authority. The decision not only sets out the conditions for the use of the systems, but also includes interesting considerations of the Litigation Chamber on the interpretation of the public interest legal basis of article 6.1(e) GDPR. Read our blogpost here.

EU Regulatory Data Protection: Online advertising – A regulatory patchwork under construction

The internet has revolutionized advertising. Innovative technologies have changed the field of online advertising. And new stakeholders, like online platforms, have emerged using a whole spectrum of new digital (behavioural) advertising that increasingly uses data for online advertising. As a reaction, a legal framework was put in place and over time more targeted regulation has been adopted or proposed that will introduce additional rules for data use in the advertising sector. In this blogpost we give an overview of these new legal instruments establishing specific rules for online advertising.

Belgium: Constitutional Court rules that third parties should be able to appeal DPA decisions

Following a reference for a preliminary ruling by the Belgian Council of State, the Belgian Constitutional Court ruled that an interested third party should be able to appeal a decision of the Litigation Chamber (ie the sanctioning body within the Belgian Data Protection Authority). As article 108, §1 of the Act on the establishment of the Data Protection Authority of 3 December 2017 does not provide this possibility, it is considered unconstitutional. You can find the main takeaways in this blogpost.  

 

We’d like to hear from you

Do you have a question about intellectual property, technology or data protection or a topic you’d like us to address in this IP and Tech Update series? Please email us and we’d be more than happy to look into it.

We look forward to receiving your requests and feedback.