Brussels IP and Tech Update – First quarter 2024

As we reflect on the first quarter of 2024, we’re pleased to present our latest newsletter, packed with insights and updates in the fields of intellectual property, privacy and technology. In this edition, we update you on significant developments and provide valuable perspectives from our team on key topics ranging from data protection to emerging technologies.

 

Featured insights

A prompt decision: When is instructing a machine enough to claim authorship?
From celebrities to publishers, stakeholders are grappling with the fundamental question of who owns the intellectual property rights to creations made by machines. Explore the nuanced arguments surrounding AI's role in creativity and the evolving landscape of intellectual property rights in the digital age in our blogpost.

Impact on data sharing, data sharing agreements and cloud services
Explore the upcoming changes in data access and usage regulations under the Data Act. Our analysis for the IBJ/IJE delves into the obligations introduced by this legislation and its implications for data sharing agreements and cloud services.

EDPS finds that the European Commission has infringed data protection rules
The European Data Protection Supervisor (EDPS) has found the European Commission’s use of a major software company in breach of data protection laws. In our blogpost, we provide a summary of the EDPS’s various findings and the corrective measures imposed.

DORA Regulation: First steps in secondary legislation
Leading up to the entry into force of the Digital Operational Resilience Act in January 2025, DLA Piper publishes a series of articles and video excerpts delving deeper into how the European Supervisory Authorities will implement the DORA standards. Find the first article focusing on the approval procedure in our blogpost.

 

Data protection

Who’s who under the DMA, DSA, DGA and Data Act?
In recent months, a series of significant legal instruments have come into effect, including the Data Governance Act, Digital Services Act, Digital Markets Act and the Data Act. If you can’t see the wood for the trees, our blogpost has got you covered.

CJEU clarifies data protection and e-privacy issues in the ad-tech space
The European Court of Justice (CJEU) recently responded to two interesting questions of the Brussels Court of Appeal in relation to online advertising and data protection. Read a summary of the CJEU’s analysis in our blogpost.

 

Intellectual Property

News from the UPC – How to validly opt-out your European Patent?
In this blogpost we discuss the Unified Patent Court (UPC)’s decision on whether a single patent owner can opt out of a European Patent (EP) if the national validations of the EP are held by different patent owners. The UPC found that an opt-out which is only declared by one of multiple patent owners is invalid.

AI and software: Crafting cutting-edge contracts for the Digital Frontier
Our new series "AI & IP" has got off to a great start. The first topic under discussion is AI in software contracting. Learn more about it in our blogpost and be sure to follow the upcoming posts as well!

Who’s who under the DMA, DSA, DGA and Data Act?
In recent months, a series of significant legal instruments have come into effect, including the Data Governance Act, Digital Services Act, Digital Markets Act and the Data Act. If you can’t see the wood for the trees, our blogpost has got you covered.

 

Tech & Source

Update on the Belgian transposition of the Digital Services Act
DLA Piper compiled a comprehensive Digital Services Act tracker with information on the implementation of the DSA in EU countries. Since the regulation entered into force on 17 February 2024, the need implement the specific points where countries have discretionary power is higher than ever. Find all the details in the tracker.

New rules on extracontractual liability
On 1 February 2024, the Belgian government adopted the new Book 6 of the Belgian Civil Code, which modernises the legal framework for extra-contractual liability (tort). Expected to enter into force on 1 January 2025, this new book overturns the longstanding principles of concurrence between contractual liability and extra-contractual liability, and the quasi-immunity of the subcontractor. We’ll be publishing a blogpost on this topic soon. Stay tuned!

 

Valuable resources

Global Data Protection Laws of the World
With colleagues from DLA Piper across various jurisdictions, we've updated the Data Protection Laws of the World Handbook. The guide is designed to help data protection teams in swiftly accessing pertinent information from different countries. By comparing aspects such as enforcement measures, security standards, contact persons, and definitions used in each jurisdiction, the guide serves as an invaluable tool for any business navigating global data protection regulations. Get the full guide here.

AI Act crosses the finish line
During our webinar, we delved into several pressing topics including the next steps and considerations for using AI, the dual qualification of AI systems and the potential impact of the new EU AI Act on your existing technology and sourcing contract. Catch up now by listening to our webinar recording from February 2024.
Our AI Act App already includes the February 2024 version of the AI Act. We're committed to keeping you informed as developments unfold. In the meantime, check out the dates of our next AI-events and conferences on AI, which you can find here.

Chambers Global Practice Guides – TMT
In a world of constant change, knowledge is power. Stay ahead with our Chambers Global Guide on TMT, offering insights into the legal frameworks of 20+ jurisdictions, focusing on the evolution of Technology, Media and Telecommunications. This edition highlights key topics such as the metaverse, cloud and edge computing, emerging challenges in technology agreements, and the pivotal role of AI.

 

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? Email us and we’d be more than happy to look into it.

We look forward to receiving your requests and feedback.