Procuring AI Technology: Vendor Contracts

Artificial intelligence (AI) is becoming an essential tool for businesses, offering automation, improved decision-making, and efficiency gains. However, acquiring AI solutions is different from purchasing traditional software. AI systems evolve, require vast amounts of data, and introduce unique risks, including regulatory compliance, liability concerns, and data protection challenges. Businesses in Europe and Switzerland must carefully assess vendor contracts to ensure they are not exposed to unnecessary legal and operational risks.…

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AI hallucinations in legal practice: risks, real cases, and solutions

Generative AI has rapidly entered the legal industry, offering tools for document drafting, legal research and case analysis. While these tools promise increased efficiency, they also present significant risks – one of which is AI hallucinations. These occur when AI generates content that appears plausible but is entirely inaccurate. In the legal world, using such inaccurate information can lead to serious problems, including presenting false facts or misinterpreting cases and…

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Legal Steps for Suspending User Accounts on Online Platforms

Online platforms that allow users to share content are required to manage content moderation and, when necessary, suspend user activities for violations of legal obligations or platform rules. The Digital Services Act (DSA) sets out important guidelines for these platforms, especially regarding suspension of user accounts or activities. This article explains the conditions under which platform providers can suspend user access, offering practical advice and examples for platforms that must…

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Unfair Commercial Practices – Legal Insights for E-Commerce Businesses

To engage customers responsibly, businesses need to find a balance between strong marketing efforts and fair commercial practices. The European Union (EU) has strict regulations to protect consumers from unfair commercial practices, and it’s vital for e-commerce companies to understand and comply with these rules. Failure to do so can result in legal penalties and harm a brand’s reputation. What Are Unfair Commercial Practices? Unfair commercial practices cover a wide…

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Data Protection Compliance Is Not Just for Big Tech

When we think about data protection and GDPR compliance, it’s easy to focus on Big Tech giants like Google and Meta. However, the GDPR applies to all organisations, regardless of size or industry. Businesses across sectors – from healthcare providers to energy firms – are increasingly subject to investigations and penalties. Here, we explore five recent cases where companies outside of Big Tech were fined for breaches of GDPR, showing…

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Software Development in the EU – Key Legal Considerations

Are you a professional planning to develop your own software? Here’s a brief guide to key EU laws and regulations you should know to prevent potential issues. Data Protection and Privacy Considerations If you handle personal data, it’s essential to understand the basics of the General Data Protection Regulation (GDPR). The GDPR is an EU regulation that governs the processing of personal data of individuals within the EU and requires…

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Legal Aspects of Dilution – What a Founder Needs to Know

Understanding dilution is crucial for founders, particularly as they seek investment and scale their businesses. When high-growth companies attract investor capital, some level of dilution is expected. So here are five essential points every founder should know about dilution. 1. Definition and Impact What is Dilution: Dilution occurs when a company issues new shares, thereby reducing the ownership percentage of existing shareholders. Impact on Ownership: As more shares are issued,…

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Understanding Anti-Dilution Clauses

Dilution occurs when a company issues new shares, reducing the ownership percentage of existing shareholders. This typically happens during fundraising rounds when new investors come on board, or through employee stock options, convertible securities, or mergers. Dilution can significantly impact an existing shareholder’s control over the company and its share of future profits. Imagine you own 10% of a company with 1,000 shares, meaning you hold 100 shares. If the…

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Key Provisions of a Shareholders Agreement

Atlantis333 agen slot Terbaik   1. What is a Shareholders Agreement? Who are the Parties to It? A shareholders agreement is a legally binding contract between the shareholders of a company and the company. It outlines the rights, responsibilities, and obligations of the shareholders and governs the relationship between them and the company. The parties to a shareholders agreement are typically the founder shareholders and the company and may also…

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Shedding Light on Dark Patterns – Best Practices for Online Businesses

With recent regulatory changes impacting the topic, the term “dark patterns” is garnering attention and prompting online businesses to reassess their digital strategies. In this article, we’ll explore the definition of dark patterns, examine their legal implications in the European Union (EU), and provide guidance for businesses navigating this evolving landscape. What is a ‘dark pattern’? Simply put, dark patterns are design tricks used in user interfaces to ‘trick’, ‘encourage’…

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Personalized Pricing in the EU Legal Landscape

You’re scrolling through your favorite dating app, hoping to find a connection, when suddenly you discover that the prices you see aren’t the same as what others are seeing. Imagine realizing that the premium services you desire come with a price tag tailored specifically for you, without your knowledge. It’s akin to navigating a maze blindfolded, unsure of whether you’re getting a fair deal or not. In 2022, the EU…

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A Legal Compass for Data Scraping in Europe:

In today’s fast-paced digital world, the hunt for information drives businesses to adopt innovative techniques like data scraping. This method, which automates the extraction of vast amounts of information from digital platforms, is a game-changer for anyone looking to gain insights, generate leads, or simply stay ahead in the market. However, as handy as data scraping can be, it treads a fine line within the complex web of European legal…

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Countdown to the Digital Services Act (DSA) – Your Legal Guide

The Digital Services Act stands out as the most important and ambitious regulation globally in the realm of protecting the digital space against the spread of illegal content and safeguarding users’ fundamental rights, heralding a safer and more equitable online environment throughout the European Union (EU). With the deadline for compliance approaching, this article breaks down the crucial next steps to help your online business get on the right track.…

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Fines and Penalties for Non-Compliance: DSA, GDPR, CRD

In the digital age, regulations and directives have been established to protect consumers and ensure a level playing field for businesses. Three significant pieces of legislation in this realm are the Digital Services Act (DSA), the General Data Protection Regulation (GDPR), and the Consumer Rights Directive (CRD). This article provides a brief overview of each and outlines the fines and penalties associated with non-compliance. 1. Digital Services Act (DSA): Overview:…

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Legal Framework for Lotteries, Competitions, and Prize Draws in the UK

In the United Kingdom, promotional activities like lotteries, competitions, and prize draws are common marketing tools used by businesses to attract customers. However, these activities are governed by specific laws and regulations to ensure fairness and transparency. Understanding the differences between these promotions and the relevant legal framework is crucial for business. Lotteries: A Game of Chance Definition and Legal Framework A lottery in the UK is defined as a…

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Consumer Rights for Online Returns: Switzerland vs. the United Kingdom

Online shopping has become a staple of modern commerce, and with it comes the necessity for clear consumer protection laws. Here’s a comparison of the rights of consumers in Switzerland and the United Kingdom (UK) when it comes to returning goods purchased online. Switzerland: 1. Right of Withdrawal: Switzerland does not have a statutory right for consumers to change their mind and return non-defective goods unless it’s stipulated by the…

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Navigating the EU’s Digital Services Act (DSA): A Guide for US Companies

The way businesses connect with customers has changed a lot in the digital age, offering new opportunities but also presenting new risks. To address this evolving landscape, the European Union (EU) has introduced the Digital Services Act (DSA), a pioneering regulatory framework aimed at governing digital platforms and services while establishing new rules to regulate these service providers. Although the DSA primarily focuses on EU Member States, its impact extends…

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Mastering Email Marketing: Legal Compliance of Marketing Communications

Email marketing is a powerful business tool for connecting with audiences, boosting brand awareness, and driving sales. However, it’s crucial to assess and handle personal data protection issues carefully when using this strategy. In the European Union (EU), there are certain rules in the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Directive (ePrivacy Directive)  that businesses need to follow when sending email marketing. In this article,…

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Mastering Cloud-Based Computing Service Contracts: Expert Tips

In the dynamic landscape of cloud-based computing services, organisations have come to rely on the flexibility and scalability offered by various models, such as Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). However, alongside the advantages these services bring, negotiating contracts that accurately reflect the unique aspects of each model is crucial. This article delves into the differences between SaaS, PaaS, and…

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Essential Guidelines for Businesses: Complying with UK Law for B2C Gift Cards

Gift cards have become a popular option for offering gifts and rewards in the Business-to-Consumers (B2C) domain. As a business offering gift cards to UK consumers, it is crucial to understand the UK legal rules surrounding gift cards to protect your customers and your business. In this article, we will outline the key legal rules that gift card providers should be aware of and explain how you can comply with…

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Navigating Liability in IoT and Autonomous Vehicle Contracts: Practical Tips for Effective Risk Management

Revolutionary technologies such as the Internet of Things (IoT) and autonomous vehicles are reshaping industries worldwide. As these innovations advance, understanding and managing liability in contracts becomes paramount for all stakeholders involved. In this article, we provide practical tips to help businesses successfully navigate liability issues within IoT and autonomous vehicle commercial contracts. Setting the GPS for Liability Imagine an IoT project where a manufacturer supplies smart devices, a software…

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Online Transactions Clarity – Credit Card Companies Introduce Measures for Online Subscriptions

Recent findings from the CPC Network have brought to light concerning practices regarding recurring subscription payments in the European Union (EU). These practices have led many customers to unwittingly sign up for unwanted subscriptions. It was discovered that 10% of EU consumers have fallen victim to such unwanted subscriptions in the past. In response, the European Commission, in collaboration with the CPC Network, worked with major card schemes like Mastercard,…

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Ranking search results – Do’s and Don’ts under EU law

Ranking of search results: Do’s and Don’ts for Online Businesses under EU law Online platforms have become the go-to destinations for individuals seeking information, products, and services. In this context, search result rankings have become an essential feature, enabling users to easily search for products or compare different options. Think of it as a virtual personal shopper, always at your service, showing results that are (supposedly) tailored to your preferences.…

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EU ODR Platform – Essential Obligations for Online Businesses

As an online business operating within the European Union (EU), it is crucial to be aware of the legal obligations and mechanisms in place to ensure consumer protection and dispute resolution. The European Online Dispute Resolution (EU-ODR) platform is a vital component of this framework. In this article, we will explore the EU-ODR platform and its key obligations, providing valuable insights for online businesses in the EU. The European Online…

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Compliance and Key Differences between the Swiss regulation and the GDPR

Navigating the New Swiss Data Protection Act: A Checklist for Compliance and Key Differences between the Swiss regulation and the GDPR In the ever-evolving landscape of data protection regulations, Swiss companies are bracing themselves for a significant milestone – the implementation of the new Swiss Data Protection Act (revFADP). As of September 1st, 2023, businesses operating in Switzerland must ensure compliance with the new rules. While the revFADP draws inspiration…

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EU Commission publishes the first list of very large platforms to fall under the EU’s Digital Services Act (DSA) stricter regime

EU Commission publishes the first list of very large platforms to fall under the EU’s Digital Services Act (DSA) stricter regime The European Commission has confirmed 19 online platforms and search engines identified as ‘very large online platforms’ (VLOPs) and ‘very large online search engines’ (VLOSEs) for the purposes of the EU’s Digital Services Act (DSA). Such companies must comply with the most stringent rules of the DSA. Online service…

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