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  02/05/2024

  Alemania

  "Automatically disadvantaged?" – Discrimination in the use of AI in the workplace

  Despite the enormous potential of artificial intelligence (AI) in the workplace, evidence shows that AI harbours the risk of perpetuating discriminatory decision-making patterns. There are increasing calls for regulatory measures to be introduced to counteract this.AI is making ever greater inroads into our working environment. Soon it will be hard to imagine life without it. However, the increasing integration of AI systems in the workplace is also presenting employers with greater challenges. It is not uncommon for algorithm design to reinforce such disadvantages in hiring or promotion decisions,...

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  02/05/2024

  Alemania

  Data Act and Cloud Service Providers (Part 1): Contract drafting and information obligations

  The Data Act means cloud service providers need to take action. Part 1 of our article provides an overview of contract drafting and information obligations. With the new Data Act, the European Union (EU) wants to create a single European market for data, open up competition around data-driven business models and make it easier for customers to switch providers. This comes after attempts at self-regulation by the industry, which have not led to the success that the EU hoped for. The EU's digitalisation and data strategy therefore also includes facilitating the process of switching cloud service...

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  01/05/2024

  Europe

  Flushed and failed: General Court shuts the lid on invalidity attack against toilet seat design

  IntroductionEarlier this year, we reported on a Belgian court ruling relating to the validity and infringement of designs for cat litter trays (read about it here). This time, in a decision which will be of greater relevance to our feline friends’ human companions, the EU General Court has dismissed an appeal seeking to invalidate a design for toilet seat lids (Nextrend v EUIPO - Xiamen Axent Corporation and Axent Switzerland, Toilet seats (elements of - ) Case T-82/23). The decision re-states some key principles of design law on the impact of technical constraints for functional products,...

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  29/04/2024

  International

  On your radar | Key employment issues to be aware of internationally

  We are delighted to share with you our latest and largest edition of On Your Radar, with contributions from 35 countries. As ever, you will find employment law updates covering a diverse range of topical developments, for example:Several countries report changes to their rules on hiring foreign workers – Hungary, Serbia and Romania.Belgium explains that companies with over 50 employees must appoint a person of trust who plays an important role in protecting employees against psychosocial risks in the workplace including sexual harassment. At a time when employers are looking for ways...

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  29/04/2024

  Europe

  Design decision on ‘Sole technical function’ packs a punch – The CJEU breaks down the technical design exclusion in Papierfabriek ruling

  SummaryIn a case which has been recognised as among the most impactful European design cases of the past year, the Court of Justice of the European Union (“CJEU”) has clarified the principles of ‘sole technical function’ invalidity for registered designs (Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.)This case revolves around a Community design registered by Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co (“Sprick”), which Papierfabriek Doetinchem BV (“Papierfabriek”) was alleged to have infringed.Papierfabriek...

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  26/04/2024

  EU

  Update on the AML-CTF Package: Formal Adoption by the European Parliament on 24 April 2024

  Following the political agreements which have been reached earlier this year, the European Parliament has now adopted the last remaining texts of the AML-CTF Package on 24 April 2024.By way of reminder, the AML-CTF Package is composed of four legislative proposals aiming at harmonising and strengthening AML-CTF rules in the European Union:Regulation 2023/1113 on information accompanying transfers of funds and certain crypto-assets, which has already been adopted last year and will enter into force on 30 December 2024;Proposal for a Directive on the mechanisms to be put in place by the Member States...

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