Brussels IP and Tech Update – Autumn 2024 edition

Following the summer period, we're excited to share the Autumn 2024 edition of our newsletter, filled with insights and updates in the areas of intellectual property, privacy, and technology. In this issue, we cover critical updates and offer valuable perspectives on global video games laws, EU digital decade legal initiatives, environmental advertising claims and AI and authorship.

Best regards
The Brussels DLA Piper IPT team

 

Featured insights

Video games laws of the world

Video games, once considered a niche hobby, have evolved into a global industry that influences culture, economy and technology. As this medium has grown, so too have the complexities of its regulation. Our global DLA Piper teams have coordinated efforts to publish a comprehensive overview of video games laws across different jurisdictions, including Belgium. Get the report here.

The interplay of the GDPR with the Data Act and the DSA

Our data team has published an article analysing the interplay of the GDPR with the Data Act and the Digital Services Act. The article focuses on the new data rights over connected products and related services and its interplay with the GDPR as well as topics arising from the DSA such as personalised advertisements, recommender systems and their interplay with the GDPR. Read the article here.

Our new EU Digital Decade online hub

We realise that clients across and outside the EU are daunted by the sheer number of new data, cyber, AI and digital laws that are arriving at pace. Our new EU Digital Decade online hub brings together updates, expert opinions, and key contacts from across our international team to help you find the assistance you need to navigate this dynamic space. Access it here.

Unlocking AI in Sourcing: In-conversation with our AI team

AI is rapidly transforming the sourcing landscape. On 1 October 2024, our international teams organised a webinar on "Navigating AI from a Sourcing Perspective: Today, Tomorrow and Beyond." Whether you're focusing on the immediate opportunities and risks posed by AI, incoming AI legislation or on the longer-term impact of AI on outsourcing models, this session provides you with some essential insights. Watch the recording.

 

Data protection

Blogpost on Frequently Asked Questions about the Data Act

The Data Act entered into force on 11 January 2024 and most of its provisions will apply as of 12 September 2025. However, the uncertainties for the interpretation of various articles were blocking the path for effective implementation. The European Commission has published a 40-page guidance document to address these uncertainties. Get the guidance document here. Our team has prepared a key takeaways blogpost on the guidance document. You can read it here.

Is the EU on target to achieve its digital transformation ambitions?

The EU has set itself a challenging objective in seeking to achieve almost total digital transformation across the EU by 2030. Almost halfway through, the EU has issued a report on the state of its plans. The news isn't great. If you're interested in the European Commission's findings and what it thinks is the way forward for the next college of Commissioners, you can read the key points in our analysis here.

Belgian Data Protection Authority: AI systems and the GDPR

The Belgian Data Protection Authority has published an information brochure focusing on the interplay with the GDPR and the EU AI Act. The information brochure doesn't focus on the requirements arising from the EU AI Act. But the Belgian Data Protection Authority provides examples for products that qualify as AI systems under the EU AI Act. In addition, the information brochure underlines which GDPR requirements (eg principles under article 5 GDPR, legal basis for processing personal data under article 6 GDPR) already apply to AI systems by providing relevant examples in the form of "user stories." Read the information brochure in English here.

 

Intellectual Property

Environmental Advertising Claims

Green claims are under increasing scrutiny by consumers, regulators and governments. There are upsides to showcasing the green side of your business. But doing it the wrong way can leave you open to severe penalties and reputational damage. Our new guide aims to help businesses navigate the complex and diverging legal and regulatory risks of making green claims across 23-major jurisdictions, including Belgium. Read the guide by registering here.

Audiovisual sector in motion: Judgment of Constitutional Court on remuneration rights for authors and performers

The law of 19 June 2022 introduced the inalienable right for authors and performers to retain their remuneration right at all times for the communication of their works to the public on a streaming platform. The right remains even if the author or performer has transferred or licensed their rights to a producer, label or other contractual counterpart, closing the so-called value gap. Several stakeholders subsequently filed a submission with the Constitutional Court to request the annulment of these provisions, based on violation of the principles of equality, freedom of movement of information society services, contractual freedom and the exclusive nature of copyright law. On 26 September, the Constitutional Court issued its long-awaited judgment and submitted 13 preliminary references to the Court of Justice of the European Union – so we're still waiting for a final judgment! Read the judgment here.

 

Tech and Sourcing

EU AI Act updated following publication of official text

With the EU publishing its long-awaited AI Act, we provide you with the latest updates through our EU AI Act App. It not only includes the newest version of the AI Act, but also links the articles to the relevant recitals, and functions as a comprehensive resource for all our essential AI tools and updates. Whether you're a legal advisor, decision-maker, or a professional keeping up with AI developments, our app is your go-to resource for staying informed about the EU AI Act! Click here to learn more and download the EU AI Act app now.

What's the difference between proprietary and open-source AI systems?

What should you consider when choosing an AI model? In the latest episode of our Accelerate AI video series, we discuss the differences between proprietary and open-source AI systems. Watch the episode here.

 

Life Sciences Regulatory

HMA and EMA publish guiding principles on the use of LLMs

AI is increasingly becoming more relevant, and this is no exception in the life sciences section. On 29 August 2024, the HMA and EMA published their first high-level views on the use of LLMs in regulatory activities concerning medicinal products, which provides some high-level guidance on how these authorities view the use of AI in the industry. You can read the guiding principles document here.

 

Events

IP away days and International IP Forum 2024

DLA Piper's TCM (trademark, copyright and media) teams, including our Belgian team, met in London for the IP away days 2024 on 9 and 10 September 2024. The get-together was followed by DLA Piper's International IP Forum 2024, where we explored how advances in AI are shaping intellectual property rights, legal frameworks, and innovation strategies. Our IP and commercial partner Alexis Fierens talked about how to protect trade secrets while taking advantage of the benefits of GenAI. Check the agenda here.

Webinar on the Omnibus Directive: Price Announcements and Fair Market Practices

The Omnibus Directive has been applicable for two years. How do you ensure consumers aren't exposed to misleading advertising or other unfair market practices? This webinar looked into how companies can protect their reputation, maintain the trust of consumers and, above all, avoid administrative or criminal prosecution. Our IP and Commercial team members, including IP and commercial partner Alexis Fierens spoke at this webinar organised by Comeos on 8 October 2024 in French and 15 October 2024 in Dutch.

AI Regulation Forum

On 12 September 2024, one of our team members participated in the AI Regulation Forum held in Brussels where experts discussed the implementation of the EU AI Act, IP, data protection and competition law considerations of the EU AI Act and global regulatory perspectives to the AI regulations. If you're looking into the EU AI Act, we're happy to help.

 

Sector Highlight

Making sustainability sustainable in the consumer goods, food and retail sector

How are consumer goods, food and retail companies responding to a new era of sustainability? Offering a truly global perspective, with insights from 600 C-Suite executives from across the sector, our comprehensive and informative report uncovers opportunities to strengthen businesses as a whole, not just compliance. The research also details the long-term commercial risks emerging from the pressure to act fast on sustainability and offers practical insights to help companies lay the foundations for lasting success. Get the report 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.