Brussels IP & Tech Update - Data transfer and tools, Global Patent Laws guide, Web Accessibility Directive, collective marketing

In this edition, we discuss the new standard contractual clauses for data transfers, the European Commission’s review of the Web Accessibility Directive and what Member States have in place and mention the new Book III of the Civil Code. We introduce you to some of our latest valuable resources – our newly launched Global Patent Laws guide, GDPR App, Data Privacy Scorebox and Embracing Digital Evolution report for businesses. Alexis Fierens also discusses Enhancing the value of local products through collective marketing in his vlog, and more.

Finally, we ask you for your feedback, below, on any intellectual property, technological or data protection topics that you would like us to cover in future edition. 

New SCCs for new contracts - On 4 June 2021, the European Commission issued modernised standard contractual clauses under the GDPR for data transfers from controllers or processors in the EU/EEA (or otherwise subject to the GDPR) to controllers or processors established outside the EU/EEA (not subject to the GDPR). These modernised SCCs replace the three sets of SCCs that were adopted under the previous Data Protection Directive 95/46. On 27 September 2021, the first transition period lapsed, which means that any international data transfer that is based on the SCCs transfer mechanism will need to be based on the new SCCs. Additionally, any amendments made to an existing data transfer agreement from this date, will need the former SCCs to be replaced with the new SCCs. Meanwhile, for existing contracts, the legacy SCCs may remain in place until 27 December 2022.

New Book III “Goods” of the Civil Code in force - On 1 September 2021, the new Book III “Goods” of the Civil Code entered into force replacing the former Book II, which had remained largely unaltered since 1804. Our new property law has been thoroughly modernised, with the ambition of our legislator being to introduce a new property law which should be fully integrated, functional rather than conceptual, modernised, flexible, and based on a comparative approach. Book III is the second book out of nine new books to enter into force, and follows Book VIII “Evidence” which entered into force on 1 November 2020. Our litigation and real estate teams in Brussels jointly held a one day seminar with EBP on 12 October to discuss the topic of real estate transactions by public bodies.

Review of Website Accessibility Directive  - Five years ago, the European Commission introduced the EU Web Accessibility Directive 2016/2102 of 26 October 2016. According to its article 13, the European Commission must review the Directive’s application by 23 June 2022. Such review must include the Member States' reports on the outcome of the monitoring and use of the enforcement procedure provided for in the Directive; as well as a review of technological advances that could make accessibility easier for some type of content which are excluded from the scope of the Directive. The consultation period lapsed on 25 October 2021, in this report we analysed which Member States went beyond the minimum level of harmonization and introduced accessibility requirements and also aimed at the private sector.

DLA Piper sets science-based target to halve all emissions by 2030 - DLA Piper International LLP has set a science-based target (SBT) to halve its greenhouse gas emissions by 2030 compared to 2019/20 pre-pandemic levels. Approved by the Science Based Target initiative, the target spans DLA Piper’s entire value chain, including indirect emissions from the firm’s supply chain, and covers all international offices including the Belgian offices. Read more.

Valuable resources

Global Patent Laws guide – Prepared by our team of patent experts this guide enables you to compare legislation around the world in just a few clicks. It addresses topics such as what constitutes direct and indirect infringing conduct; what you need to do before taking action; when, how and who can take action in response to infringement; defenses to infringement; patent validity; remedies; and procedure and timing. Find out more.

Embracing Digital Evolution report available - DLA Piper recently published its Embracing Digital Evolution report, a guide for businesses on how to succeed in the Fourth Industrial Revolution. The report comprises insights from digital revolutionaries around the world, including Microsoft, Rolls-Royce, DocuSign, Salesforce and Hedera Hashgraph. It also has insights from Lord Tim Clement-Jones CBE and our partners at DLA Piper, including Simon Levine and Paul Allen. The macro factor with the broadest, longest-term influence on strategic decision-making is the Fourth Industrial Revolution, or Industry 4.0. With new and emerging technologies redefining what’s possible, businesses must continuously evolve digitally to succeed. The report covers four key subject areas: the drivers of digital evolution, how to create a digitally evolved business, the landscape of digital evolution, and the features of digital evolution. Request your copy here.

Data privacy tools update - The Data Privacy team at DLA Piper has recently updated two of its highly popular data privacy tools. The first of these tools, the DLA Piper GDPR App allows access to the full text of the General Data Protection Regulation as well as UK version of the GDPR on the move. The second, our Data Privacy Scorebox (designed to help you assess your organisation's level of data protection maturity), has been updated based on evolving global guidance after three years from the entry into force of the GDPR. If you would like further information, please email dataprivacy@dlapiper.com or speak to your usual DLA Piper contact.

Enhancing the value of local products through collective marketing - Sourcing more sustainably and locally can make a difference in your ESG footprint. Alexis Fierens discusses how local producers and suppliers can join forces through collective marketing to protect, promote, advertise and enhance the value of their short-chain and other local products. Watch more episodes from the series here.

We would like to hear from you

Do you have an intellectual property, technological or data protection related question or topic you would like us to address in this IP & Tech Update? Please don’t hesitate to e-mail us and we would be more than happy to look into it.

We look forward to receiving your requests and feedback.

Additional resources

Privacy Matters
Insights on global privacy and data protection including latest blogs relating to the Schrems II ruling.

Technology’s Legal Edge blog
The latest insights on the legal developments affecting the technology sector.

TechLaw Video Series
Perspectives on tech and evolving regulatory environment.

Coronavirus Resource Centre
Insights, events and contacts to deliver our proven guidance and direction during these difficult times.

TechLaw Podcast Series
Insights on the impact of tech across sectors and society.

Global Trademark Guide
Addresses some of the challenges in managing global brand protection.