Brussels IP and Tech Update

Welcome to the summer edition of our newsletter, filled with insights and updates on intellectual property, privacy, and technology. In this issue, we cover critical updates and offer valuable perspectives on topics such as hyperscaler negotiations, greenwashing and data sharing frameworks.

Featured insights

Mastering digital transformation contract discussions with cloud hyperscalers – an introduction

A sourcing trajectory involving hyperscalers comes with a number of specific structural challenges. So our first article from our series on hyperscaler negotiations addresses some of the things you should consider when engaging with hyperscalers. Read our article here.

EU and UK upcoming data sharing frameworks

Our data team published an article for PLC Magazine on the data spaces and data schemes, the emerging rules for data-sharing frameworks in the EU and the UK. We also take a closer at the various legal instruments that (will) contribute to these data spaces, including the Data Governance Act (#DGA) and the Data Act Read the article here.

Tackling greenwashing: The new EU framework and its impact on Belgian legislation

The recently adopted Directive on Empowering Consumers for the Green Transition (Directive (EU) 2024/825) will regulate the use of environmental claims to tackle greenwashing. Our article outlines the current greenwashing regime in Belgium and summarises the main legal changes put forward in the Directive in relation to green claims, and how they will affect the Belgian framework.

EDPS publishes guidelines on generative AI and personal data

On 3 June the European Data Protection Supervisor published its guidelines to help EU institutions, bodies, offices and agencies comply with the data protection obligations in relation to Generative AI. The guidelines also offer interesting insights for other public and /private organisations. You Read the guidelines here.

DATA PROTECTION

GDPR compliance priorities for 2024

Earlier this year, the European Data Protection Board (EDPB) launched its Coordinated Enforcement Framework (CEF) for 2024, which focuses on the right of access. This means that organisations can expect data protection authorities to prioritise enforcement against GDPR infringements relating to data subject access requests. Our alert will help you check that your organisation’s data subject rights process is up to standard.

EU AI Act’s relationship with data protection law: Key takeaways

On 21 May 2024, the Council of the EU formally adopted the EU AI Act. As AI systems’ development and use will frequently result in the processing of personal data, the EU AI Act and the GDPR are designed to work hand-in-glove, with the latter granting individuals a range of rights for scenarios were AI systems use personal data. Our blogpost explores the close relationship between EU data protection law and the EU AI Act.

Intellectual Property

Launch of the Trade Secrets Scorebox

Though often underestimated, trade secrets can be a company’s most valuable asset and protecting them requires constant effort to ensure they’re kept confidential and not released into the wrong hands. We developed an easy-to-use tool based on EU-wide trade secrets legislation and case law to help organisations assess the maturity of their trade secrets’ protection, and identify weaknesses. Access the Trade Secrets Scorebox here.

AI and the author’s personality: Partners in ©rime

Can works created with AI enjoy copyright protection? Since the emergence of generative AI, this has become one of the burning questions among copyright experts. And the answer is more nuanced than one might expect. Read more about it in the second edition of our AI & IP blogpost series, accessible here.

The biggest game-changer in European patent law history

On 1 June 2023, the Member States of the European Union went live with the new European patent with unitary effect (unitary patent or UP) and a single Unified Patent Court with divisions located throughout Europe. Our international team has been reflecting on what we’ve learned about the newest European patent court in its first 12 months, and what we can look forward to in the coming year. To find out more, visit our website page.

Tech and Sourcing

Tech projects – managing the principal risks to maximise opportunities

With the scale and speed of recent tech developments, it’s increasingly likely that businesses will undertake experimental and/or large-scale technology implementation programmes. In this article, we discuss a range of considerations to bear in mind when implementing tech projects. Read the article here.

Guide to Going Global – Payment Terms

Negotiating and including clear payment terms in commercial agreements is often given too little importance. As the current legal framework regarding payment terms in commercial agreements within and outside of the EU is quite fragmented, it may not always be easy to correctly apply the legislation and identify the different possibilities and pitfalls. Our Payment Terms Guide, which includes over 15 jurisdictions, provides a helpful, hands-on overview of this legal landscape. Download the guide here.

Life Sciences Regulatory

European parliament approves European Health Data Space Regulation

On 24 April 2024, the European Parliament approved the Regulation on the European Health Data Space (EHDS) signalling a fundamental step toward creating a robust European Health Union. The text of the Regulation will now have to be formally approved by the Council and will then enter into force 20 days after it’s published in the Official Journal of the European Union, which is expected in autumn. For more information on the EHDS, read our previous blogpost.

Belgian Health Data Agency portal goes live

The Belgian Health Data Agency (HDA) has introduced a comprehensive data catalogue to tackle challenges in health data access. The HDA manages a centralised repository that stores metadata and information about data assets relevant to the health (care) industry and regulates access to and secondary use of the data. Interested parties can file a data access request via the portal to help with R&D or other accepted reasons. The initiative is aimed at anticipating the requirements to be introduced by the European Health Data Regulation. Find out more on the HDA website.

Events

Brussels AI Event: Navigating the AI waves

During our latest event on 16 May 2024, we welcomed more than 40 clients to our Brussels office to talk about the evolving landscape of AI and its legal implications. We were honoured to welcome a series of distinguished speakers, including Werner Stengg (Digital Expert at the Cabinet of Executive Vice-President Margrethe Vestager) and Gabriele Mazzini (Team Leader of the AI Act at the European Commission). We hope you enjoyed the event if you attended. If not, join us for one of our upcoming events!

INTA Conference (Atlanta, US)

From 18-22 May 2024, the International Trademark Association hosted its 146th Annual Meeting in Atlanta, the birthplace of one of the most well-known trade secrets – Coca-Cola! One of our team members attended the conference to engage in robust conversations and exchange best practices with more than 10,000 IP experts from around the world.

LAILEC Conference

On 7 June 2024, two of our team members presented during the Data Contracts Lab of the KU Leuven LAILEC Conference. During the session, they discussed the Data Act’s obligations relating to connected products and related services ,based on a real case study. Afterwards, we brainstormed in collaboration with the other participants about the requirements for data sharing agreements. Get in touch if you’d like to find out more.

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.