Brussels IP and Tech Update – December 2023

In this 2023 end of year edition, we bring you news on recent legislative changes, regulatory updates, our events and publications in the fields of technology, IP and data protection.

We’re also pleased to announce the publication of our Global Trademark Guide. And we present our AI ChatRoom videos.

We would like to seize this opportunity to wish you a magical holiday season! We look forward to continuing to keep you up to date on developments and insights in the course of 2023 and hope that the New Year will again be full of opportunities to work together.

The Brussels DLA Piper IPT team.

Featured insights

EU AI Act Update – Political Agreement Reached!

On 8 December 2023, a political agreement was reached on the EU AI Act. This marked a big step closer to the first major piece of legislation regulating AI and its uses coming in force. The coming months will be dedicated to detailed technical discussions to refine the final text. Read our latest update here.

Updated Global Trademark Guide launched

DLA Piper has recently published a new version of the Global Trademark Guide. This comprehensive resource covers a great number of jurisdictions, enabling users to compare trademark practice and procedure around the world. In this edition, we’ve added new jurisdictions and additional content. The guide addresses some of the challenges faced by practitioners managing global brand protection. Get the complete guide here.

Belgian DPA decides on the (in)validity of retroactive data processing agreements

On 29 September 2023, the Belgian Data Protection Authority issued a decision containing some interesting takeaways regarding the negotiation of data processing agreements under the GDPR (eg responsibilities of both processors and controllers, retroactive application, transparency exemptions for public authorities). Read our blogpost on the decision here.

EU: The NIS2 Enigma: Who will be caught by the EU’s updated cyber requirements?

The arrival of NIS2 is only one year away. With significantly enhanced requirements around cybersecurity management extending across the supply chain, increased reporting obligations in the case of a cyber breach, and personal liability for senior management, working out whether or not an organisation will be in the scope of NIS2 will be an important question. Find out more in our blogpost here.

Practical tips and tricks when faced with a dawn raid

Gathering proof to establish counterfeiting is challenging. Rightsholders can rely on dawn raid procedures for this purpose. But these procedures have far-reaching consequences for the alleged infringer. We’ve published a blogpost with some practical tips and tricks when faced with such proceedings in Belgium. Read our blogpost here.

Belgian cookie guidance receives update

The Belgian Data Protection Authority has updated its guidance regarding cookies with the publication of a cookies checklist. Although most of the guidance reflects previous guidelines and case law of the Litigation Chamber, the Belgian Data Protection Authority’s position seems to have evolved on several topics, including on deceptive designs, granularity requirements for cookie categorisations and on accountability. Read the checklist here.

Webinar: Data protection litigation in Belgium #3 – Enforcement trends and practical insights

Last week, we organised the third edition of our webinar, “Data protection litigation in Belgium: Enforcement trends and practical insights”. Our Data Protection team presented a case law digest and provided insightful statistics on the evolutions in the enforcement practice. You can access the recording here.

Event: DLA Piper European Technology Summit 2023: Pathways to growth

On Tuesday, 7 November, we held the sixth edition of our European Tech Summit at The Convention Centre Dublin. Kristof De Vulder and Heidi Waem from our Brussels office participated in the Summit. Kristof also moderated an insightful panel discussing emerging EU tech regulations as a competitive advantage. Find the recordings of the various sessions of the Tech Summit here.

Valuable resources

Global Trademark Guide

With DLA Piper colleagues from multiple jurisdictions, we updated and supplemented our Global Trademark Guide, designed to help brand protection teams quickly find the information they need. It covers over 50 countries and enables users to easily compare the difference between them. Get the full guide here.

AI ChatRoom video series

DLA Piper has launched its AI ChatRoom series which aims to help businesses understand the rapidly evolving landscape of AI laws and regulations. Watch the video series here.

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.