IT, business legal counselling advices from Alexander Suliman, Stockholm right now: Ensure that you register your IP in overseas jurisdictions and review your IP portfolio to ensure it is up-to-date with registrations and expiration dates. While trademarks, designs and patents are protect through registration at the local and EU level, bear in mind that the duration of each right is different and that their use or licensing may be restricted by specific Member State legislation (i.e. employee creations). Also, review your current license agreements: while they generally cover the EU as a single licensing territory, the use of your IP may not be relevant in each Member State and you may want to reconsider a more local approach in order to facilitate their monitoring and mitigate challenges from third parties. An important component of any business’s IP strategy will be the protection of trade secrets. The EU Trade Secret Directive was intended to harmonise trade secret protection across the EU. In this guide we look at the picture as it currently stands in eight major jurisdictions. Find extra info on https://www.flickr.com/people/sulimanalexander/.
The reason why the European Commission was keen on allowing firms to voluntarily scan material, is that technology firms have already been working on ways to detect CSAM and solicitation for quite some time. The question is whether these orders are compatible with the Charter. These orders affect a number of fundamental rights under the Charter, including the right to privacy and the right to data protection. I will touch on only aspect: whether these measures respect the essence of these rights. Because if they don’t, that would mean that a proportionality assessment would not be required, sidestepping complex questions around necessity, effectiveness, proportionality and balancing (see here for background on this requirement). For a discussion on some of these other aspects, I refer to the 2021-opinion of Prof. Dr. Ninon Colneric and analyses of the EDPS, MEP Patrick Breyer, EDRi and a group of security experts.
In 2021, the French government issued the Doctrine for the use of cloud computing by the State (“Trusted Cloud Doctrine”) making SecNumCloud certification mandatory whenever a French government agency procures cloud services that would handle sensitive data, including personal data of French citizens and economic data relating to French companies. These requirements also apply to private operators of essential services. Under France’s Trusted Cloud Doctrine, qualifying cloud service providers must be “immune to any extra-EU regulation”. In addition, such companies must commit to storing and processing data within the European Union, and to administering and supervising the service within the EU. Further, foreign-headquartered cloud service companies cannot achieve certification if they are more than 39% foreign-owned.
privacy legal counseling strategies from Alexander Suliman, Stockholm 2023: We’ll also look to intertwined finances. That takes a next step that has to go to the court process, but if they’re sharing expenses, if there’s a joint bank account, if a vehicle is registered at an address, we’ll look at those things to prove cohabitation. Importantly, cohabitation does not mean that they are living together. We do not have to show that they have a common household. It is not something that is critical in proving cohabitation that they are actually living together. Discover more information at Alexander Suliman, Sweden.
Europe’s concerns about the security of U.S. cloud services providers are in fact closely intertwined with its worries, expressed in Schrems II, about the privacy of Europeans’ information entrusted to these companies. In both cases, European policymakers fear the perceived extraterritorial reach of U.S. national security surveillance and law enforcement authorities. New cybersecurity regulation thus is seen as another way to safeguard Europe’s ‘sovereign’ interest in protecting data from foreign government access. It also would reinforce separate European efforts to bolster smaller, home-grown cloud service providers, including through the GAIA-X project to create an interoperable network “explicitly based on principles of ‘sovereignty-by-design,’” as a leading European technology lawyer has characterized it.