AV Regulation Publication

A French Revolution, at last?

Despite optimistic statements in 2016 on both sides of the Atlantic (in between the European Commission’s communication on connected cars for Europe, and the Obama administration’s Detroit Auto Show announcement), it would seem that some of the hype surrounding connected and autonomous vehicles (“CAVs”) faltered. One reason may be the desensitization of the general public, as the initially promised 2020 deployment is dawning without a hint of general commercial availability in sight. On the other hand, the intricacies of the regulatory frameworks at stake also hinder the development of consumer-ready offers.

More often than not, France is perceived as an administrative maze, yet may become (unexpectedly to some) a leader in the race to regulating this incoming industry. However, far more than being limited to the automotive industry, regulating CAVs will serve as the blueprint for an artificial intelligence (“AI”) legal framework.

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Alongside Michel Puech (Philosopher, La Sorbonne), Vincent Perrin (Watson IBM), Claude Biton (CBC Développement) and Thibault Vian (Converteo)

View the summary of the conference on Viuz website (in French).

K&L Gates ranked “Highly Recommended – Band 1” with E. Drouard & Claude-Etienne Armingaud.

Source: Leaders League

Italian law no.12/19 dated 11 January 2019 (the “Law”) came into force on 13 February 2019 and cemented the legal enforceability of electronic timestamping performed through blockchain technologies.

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On 23 January 2019, the EU Data Protection Board (“EDPB” – the gathering of all European Union (EU) data protection authorities) adopted opinion no. 3/2019 (the “Opinion”) on the interplay between the Clinical Trials Regulation no. 536/2014CTR”) and the General Data Protection Regulation (“GDPR”). Anticipating the application of CTR (currently expected to occur in 2020) following the implementation of the EU portal and the EU database of the European Medicines Agency, the Opinion provides clarification on (i) the different legal bases for the processing of personal data operations related to a specific clinical trial, from commencement of the clinical trial until the deletion of personal data collected during the clinical trial (“Primary Use”); and (ii) the further use of the same personal data set for any other scientific purposes (“Secondary Use”). Without establishing a legal basis, no one can process the personal data needed to run a clinical trial or to use the personal data for other research.

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Amidst the international tidal wave caused by the entry into force of the EU General Data Protection Regulation (“GDPR”) in May 2018, many half, or even false truths have been spread about hindrance on a global scale of innovative technologies. However, we must keep in mind that Europe has adopted a long-standing position of technology-neutral regulations and data protection is no exception.

Indeed, from a GDPR perspective, no technology would be prohibited or regulated by nature – only its application to a specific purpose may be regulated, inasmuch as it involves personal data -whether relating to the participants and miners or the payload data itself- and falls within its broad geographical scope (see our previous Alert for more details).
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K&L Gates ranked “Highly Recommended – Band 1” with E. Drouard & Claude-Etienne Armingaud.

Source: Leaders League

K&L Gates ranked “Recommended – Band 2” with E. Drouard & Claude-Etienne Armingaud.

Source: Leaders League

The French Autorité des Marchés Financiers has recently published a synthesis of the contributions it received in response to its public consultation on Initial Coin Offerings (ICOs) to obtain stakeholder views on how these new types of blockchain offerings might be regulated.

The consultation included a presentation of ICOs, a warning on the risks they present, a legal analysis of ICOs with respect to the rules overseen by the AMF and the regulatory options proposed by the AMF. Respondents were invited to give their views on all of these points.

The English version of the synthesis can be found here, the French version here and our previous coverage of the consultation can be found here.

First published on K&L Gates Fintech Law Blog.