Publication date: April 11, 2023
In the process of data collection, the personal data protection system imposes a relative ban on automated decision-making on controllers (Article 22 of the GDPR), the obligation to take into account data protection by design (Article 25 section 1 of the GDPR) and default data protection (Article 25 section 2 of the GDPR), as well as the need to carry out an assessment of the effects of processing for data protection (data protection impact assessment – art. 35 GDPR). The Data Protection Regulation serves protective purposes, which is to ensure the protection of the rights and freedoms of data subjects in connection with the processing of their personal data, taking into account, however, the principles of data protection regulated in art. 5 of the GDPR, especially reliability and transparency, data minimization and the risk-based mechanism approach.
Under the essence of data protection by design within the meaning of Art. 25 of the GDPR, the controller is obliged to take into account the protection of personal data already at the design stage of a specific solution, service or artificial intelligence system. This is to ensure, among other things, that the protection of personal data will become an immanent element of each project already at the stage of creation.
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Publication date: March 01, 2023
As the popularity of NFT continues to grow, more and more people are buying and selling these unique digital assets on various platforms. However, as with any online transaction, there are important privacy considerations to keep in mind. It is important that NFT buyers and sellers understand how their personal information is collected, used and shared by the platforms they use.
The registration process on the platforms may vary and require additional verification by the registrant. The Foundation, for example, requires sellers to verify their account before they can sell NFTs, while OpenSea and Rarible do not have a verification process.
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Publication date: March 01, 2023
On 28th February 2023, the European Commission has sent a Statement of Objections to Apple about its concern on the contractual restrictions that Apple imposed on app developers on music streaming providers. Specifically, on the contractual restrictions which prevent them from informing iPhone and iPad users of alternative music subscription options at lower prices outside of the app and to effectively choose those. The Commission thinks that this performance violates EU’s law because Apple’s anti-steering obligations are unfair trading conditions in breach of Article 102 of the TFEU (Treaty on the Functioning of the European Union).
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Publication date: March 01, 2023
NFTs is not only related to intellectual property law. Of course, intellectual property law plays an important role in this aspect, but NFTs can refer to other areas of law, which are mainly national laws. Examples of such areas of law include: contract law, property law, tax law and in some cases also banking law and finally also the aforementioned intellectual property law.
At the beginning, there should be asked the question of what legally NFT is or what rights the possession of NFT provides. Everything in principle depends on the smart contract and other contractual frameworks related to NFT. From the technical side, NFT consists primarily of a number (tokenID) and an alphanumeric code (smart contract address code) that is somehow associated with a digital file or physical asset. The buyer of such a token first acquires the right to hold NFT in his wallet and to sell the token. In addition to the above-mentioned rights, the buyer may also acquire ownership rights to the underlying assets, an exclusive license or a limited license relating to the underlying assets. In view of the above, it can be concluded that the nature of NFT is non-uniform.
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