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Read through our technology & digitalisation articles, publications and news!
30 October 2024
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D.Birnbauer S.Špeta P.Baran N.Kerschbaumer D.Rutecka P.Podsiedlik M.Kovács A.Turi M.Vlajković A.Sarić M.Lukić E.Todorova G.Pázsitka B.Bodó
to the point: technology & digitalisation l October 2024
Welcome to the October edition of Schoenherr's to the point: technology & digitalisation newsletter!
Training and reducing fear - This is how artificial intelligence can work in insurance
moreAI regulation and development in Serbia
AI is developing rapidly in Serbia and numerous initiatives are emerging daily. Therefore, a working group, which includes our Schoenherr expert Marija Vlajković, is already in the process of drafting a new Law on Artificial Intelligence. The final draft is expected by spring 2025.
Privacy concerns in web scraping: a GDPR and Serbian privacy law perspective
When developing their models, AI providers use various data sets. Sometimes these are provided by their clients, as in the case of tailor-made chatbots, and sometimes the models are trained on licensed or even publicly available data. In both situations, the data sets almost always include personal data. Thus, AI developers should carefully consider their obligations under the GDPR as well as local privacy law, depending on what applies to them.
The status and future prospects of AI regulation and development in North Macedonia
North Macedonia currently lacks AI-specific regulations, lagging behind neighbouring countries that have implemented guidelines or laws. Although the Macedonian Fund for Innovation and Technology Development (FITD) and the government initiated efforts in 2021 to create a National Strategy for AI (National Strategy), progress has been slow due to challenges such as insufficient data, human resources, and technical capabilities. Despite this, there is a strong commitment, supported by organisations like the World Bank and UNDP, to develop a comprehensive AI strategy aligned with European Union (EU) standards.
AI Act published in the Official Journal of the EU
The AI Act was published in the Official Journal of the EU on 12 July 2024.
27 June 2024
D.Rutecka P.Podsiedlik P.Baran T.Kulnigg A.Radonjanin M.Vlajković
to the point: technology & digitalisation l June 2024
Welcome to the June edition of Schoenherr's to the point: technology & digitalisation newsletter!
Austria: New verification requirements for website and platform operators
A judgment of the Austrian Supreme Court of Justice published on 26 April 2024 (6 Ob 210/23k) requires website and platform providers to review their processes under the DSA.
Czech Republic: Deadline to apply DORA looms
Along with the NIS2 directive, the Digital Operational Resilience Act (DORA)[1] is an essential piece of European legislation aiming to bolster cybersecurity within the EU. Unlike the NIS2 directive, DORA aims specifically at enhancing the operational resilience of the financial sector, while establishing a comprehensive framework to ensure that all financial entities regulated under DORA can withstand, respond to, and recover from disruptions and threats related to information and communications technology (ICT).
The state of cybersecurity regulation in the Czech Republic: NIS 2 transposition underway, deadline 17 October 2024
The NIS2 directive[1] is a landmark piece of European cybersecurity legislation, significantly impacting the cybersecurity practices and responsibilities of European businesses and organisations
Austria: Schoenherr advises scale-up Storyblok on its USD 80m Series C financing
Schoenherr advised the Austrian scale-up Storyblok on its Series C financing worth USD 80m, bringing the total amount raised to USD 138m, marking the largest financing round to date this year.
to the point: technology & digitalisation l May 2024
Welcome to the May edition of Schoenherr's to the point: technology & digitalisation newsletter!
Eminent CEE law firm Schoenherr structurally implements Artificial Intelligence
Elite law firm Schoenherr, which has a strong presence in 14 Central and Eastern European countries, has entered a strategic partnership with Harvey, the leading generative AI platform for the legal industry, backed by OpenAI, Sequoia Capital and Kleiner Perkins.
26 April 2024
D.Hofmarcher T.Kulnigg N.Kerschbaumer D.Tyrybon C.Pretscher P.Podsiedlik D.Rutecka P.Baran
to the point: technology & digitalisation l April 2024
Welcome to the April edition of Schoenherr's to the point: technology & digitalisation newsletter!
21 March 2024
K.Szczudlik D.Rutecka P.Podsiedlik F.Terharen K.Pikuła P.Baran A.Radonjanin M.Vlajković N.Kerschbaumer
to the point: technology & digitalisation l March 2024
Welcome to the March edition of Schoenherr's to the point: technology & digitalisation newsletter!
Impact of the EU AI Act on Personal Data Protection in Serbia Amidst Emerging AI Technologies
Biznis.rs | Interview with Marija Vlajković
Successful MiCAR licensing: FMA publishes roadmap for Crypto-asset service providers
As the regulatory landscape for crypto-assets undergoes a significant transformation with the European Union's implementation of the Markets in Crypto-Assets Regulation (MiCAR, Regulation (EU) 2023/1114), attention turns to the preparatory steps entities must take to comply with these new standards. Against this backdrop, the Austrian Financial Market Authority (FMA) has recently published preliminary guidance on the MiCAR licensing process for crypto-asset service providers (CASPs). These guidelines outline the steps CASPs need to consider and the FMA's expectations in the lead-up to full MiCAR applicability after 30 December 2024.
22 February 2024
D.Rutecka D.Hofmarcher D.Tyrybon N.Kerschbaumer F.Terharen K.Szczudlik K.Solarz-Włodarska P.Podsiedlik K.Pikuła
to the point: technology & digitalisation l February 2024
Welcome to the February edition of Schoenherr's to the point: technology & digitalisation newsletter!
Consumer Credit Directive II: consumer credit legislation for the digital age
A 2020 review of the Consumer Credit Directive (2008/48/EC) ("CCD I") by the European Commission (EC) found that CCD I has been only partially effective in ensuring a high level of consumer protection.
Moving lock, stock and barrel to the cloud: what banks need to know when negotiating with service vendors
Skimming through business journals from the last decade or so, it feels like the transition to cloud computing has been looming over the banking industry for a long time. But with so many industries now taking steps to digitalise, even the traditionally cautious banking industry is being swept up in the tide.
More than an ID: the European Digital Identity Wallet
Electronic identity ("eID") and electronic trusted services ("eTS") are currently regulated at the EU level in the eIDAS Regulation of 23 July 2014. A decade is an eternity in the world of new technologies and the eIDAS Regulation has become outdated and unsatisfactory in many areas. One of its biggest failings is in the true interoperability and cross-border recognition of national eID schemes.
Key implications of the NIS 2 Directive: increased liability risk for management and broader scope
The revision of the NIS Directive (EU) 2016/1148 ("NIS 1") was published on 27 December 2022 in the form of Directive (EU) 2022/2555 ("NIS 2") and entered into force on 16 January 2023. NIS 2 is the Commission's response to Member States' inconsistent and fragmented implementation of NIS 1. The revision of this first EU-wide cybersecurity legislation will mean significant and far-reaching changes for companies in "critical" sectors.
Staying compliant in a digital world: why companies should take note of AI
In an era of rapid technological advancement, businesses face an ever-evolving regulatory landscape.
Patent litigation in Austria: how lawyers can help
Patents are exclusive rights relating to inventions. Patent registrations grant a time-limited monopoly to apply the patented technology. While they are a powerful weapon in maintaining and defending the competitive edge of technology-driven businesses, third-party patents may pose a threat to products and businesses. This calls for the involvement of specialised patent lawyers and patent attorneys.
Regulating facial recognition technologies: is your face too personal?
Biometric technology, especially facial recognition, has taken off in recent years. From airport security to simply unlocking a smartphone, facial recognition is now a fixture in everyone's lives. Biometric tools are also becoming more and more popular with commercial brands and have proven to be an intriguing marketing tactic (a well-known pizza chain offering food recommendations based on how an AI reads human moods is both fascinating and troubling).
Building Information Modelling: a Montenegrin perspective
Building Information Modelling (BIM) is a comprehensive methodology and process that enables the creation of dynamic, three-dimensional computer models for construction facilities. BIM streamlines the production and use of project documentation, improves timeline and budget accuracy, and enhances communication and decision-making.
to the point: technology & digitalisation l January 2024
Welcome to this year's first edition of Schoenherr's to the point: technology & digitalisation newsletter!
21 December 2023
G.Leissler T.Kulnigg N.Kerschbaumer D.Tyrybon M.Czernin F.Terharen U.Rath D.Rutecka
to the point: technology & digitalisation l December 2023
Welcome to the December edition of Schoenherr's to the point: technology & digitalisation newsletter!
Montenegro: Schoenherr advises Montenegro Chamber of Commerce on its first digitalisation project
Moravčević Vojnović and partners in cooperation with Schoenherr advised the Montenegro Chamber of Commerce, the largest business organisation in the country, on its innovative "eKomora" project, the institution's first digitalisation project.
to the point: technology & digitalisation l November 2023
Welcome to the November edition of Schoenherr's to the point: technology & digitalisation newsletter!
31 October 2023
N.Kerschbaumer D.Tyrybon M.Schmiedinger C.Pretscher M.Vlajković M.Pressler D.Rutecka
to the point: technology & digitalisation l October 2023
Welcome to the October edition of Schoenherr's to the point: technology & digitalisation newsletter!
28 September 2023
A.Hirsch N.Kerschbaumer D.Tyrybon F.Terharen M.Vlajković D.Rutecka
to the point: technology & digitalisation l September 2023
Welcome to the September edition of Schoenherr's to the point: technology & digitalisation newsletter!
Finding the perfect blend of legal service and (AI-powered) legal tech
25 October 2023 | Bucharest
Bridging the gap between Serbian regulations and the GDPR: Serbia's Data Protection Strategy unveiled
In late August 2023, at the initiative of Serbia's Data Protection Commissioner (the "Commissioner"), the Government of Serbia adopted the Data Protection Strategy for the 2023-2030 period (the "Strategy").
The EU Digital Services Act: 19 designated online platforms have completed their last-minute compliance preparations, Serbia is just looking over its shoulder
While most provisions of the EU Digital Services Act ("DSA") will not begin to apply until February 2024, the EU Commission has nevertheless designated 19 "very large online platforms" and "very large search engines" – so-called gatekeepers – for which the strictest rules under the DSA took effect on 25 August this year.
Austria: Schoenherr advises Thoma Bravo portfolio company J.D. Power on acquisition of Autovista Group
Schoenherr advised, alongside lead counsel Kirkland & Ellis, London, Thoma Bravo's portfolio company J.D. Power, a global leader in data analytics, on the acquisition of the leading pan-European and Australian automotive data, analytics and industry insights provider Autovista Group.
IBA CEE Conference – The Future of Legal Management
22 September 2023 | Intercontinental Athénée Palace, Bucharest
Third time's the charm? EU-US Data Privacy Framework revamped and reloaded
On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. [1] This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.
27 June 2023
K.Zmatlíková M.Voldánová P.Korál H.Hangler A.Prochazka J.Kupčík N.Rosová M.Svoboda N.Dubská
CZ: Schoenherr Journal Edition 14
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
26 June 2023
T.Kulnigg N.Kerschbaumer M.Czernin C.Haid T.Dabsch M.Thorbauer C.Rainer T.Waidmann T.Hayden A.Pabst N.Zafoschnig D.Tyrybon Y.Kraudinger
Austria: Schoenherr advises Audiotonix Group on acquisition of sonible GmbH
Schoenherr advised the Audiotonix Group, a global market leader in the design, engineering and manufacture of professional audio mixing consoles, on the acquisition of sonible GmbH, an Austrian start-up specialised in developing AI-assisted audio plug-ins and 3D audio systems.
28 April 2023
T.Kulnigg N.Kerschbaumer D.Tyrybon D.Rutecka M.Vlajković F.Terharen G.Leissler
to the point: technology & digitalisation l April 2023
MiCAR: Final steps towards the legal framework for crypto-assets
On 20 April 2023 the European Parliament ("EP") finally approved the regulation on markets in crypto-assets ("MiCAR").
Serbia adopts ethics guidelines for artificial intelligence
On 23 March 2023, the Serbian government adopted Ethics Guidelines for the Development, Implementation and Use of Reliable and Responsible AI ("Guidelines"), which may be seen as yet another step in the process of harmonising Serbia's legislative framework with the European Union, following the Proposal for an AI Regulation announced by the EU Commission two years ago. The Guidelines largely rely on UNESCO's Recommendation on the Ethics of AI adopted in 2021, which Serbian representatives also helped create. Since the EU is awaiting its regulatory framework on AI, Serbia took the first step down this road as well.
31 March 2023
T.Kulnigg N.Kerschbaumer D.Tyrybon G.Irsa-Klingspiegl D.Rutecka A.Pabst M.Vlajković A.Hirsch
to the point: technology & digitalisation l March 2023
GPT-4 shows the ever-increasing importance of legal considerations pertaining to AI
Generative AI has made quantum leaps in the last year. Aside from multiple text2 image models there are large language models producing largely accurate and convincing texts in reply to prompts provided by a user. In November last year OpenAI made available the functionality of their vast 175 billion parameter model GPT-3.5, which was fine-tuned to interpret prompts formulated as questions. ChatGPT is a turning point in the public perception of AI, as it provided compelling texts with comparatively high factual accuracy.
North Macedonia: The Data Protection Act and enforcement challenges
After the adoption of the General Data Protection Regulation of the European Union (EU) 2016/679 ("GDPR"), as an obligation based on the Stabilisation and Association Agreement between EU and North Macedonia, a new data protection regime was adopted. Since 2020, the matter of personal data protection in the Republic of North Macedonia is regulated by the new Act on Personal Data Protection (Official Gazette of the Republic of North Macedonia, nos. 42/20, 294/21) ("LPDP"), effective as of 24 February 2020.
Serbia incentivises start-up-ecosystem
To attract investors in the area of innovation technologies, Serbia has adopted a set of subsidies relating to employees' salaries and corporate income taxes. In recent years, the country has set its sights on being one of the largest European hubs for EU and overseas IT companies using talented IT workforce only as an outsourcing service supplier while retaining actual project development in the countries of capital origin. This is seen as an opportunity to motivate foreign IT companies doing business in Serbia not only to shift their operations to Serbia on a larger scale, but to tie IP rights on their tech products to their affiliated Serbian companies.
28 February 2023
N.Kerschbaumer D.Tyrybon M.Czernin T.Kulnigg M.Woller M.Schmiedinger D.Rutecka M.Neagu B.Kapeller-Hirsch
to the point: technology & digitalisation l February 2023
The Omnibus Directive: key objectives and national implementation
The Omnibus Directive (Directive (EU) 2019/2161), also referred to as the "Enforcement and Modernisation Directive", is aimed at strengthening consumer protection and enhancing enforcement measures as the world gears up for the digital age. Recognising the increased use of online platforms and marketplaces, it encourages Member States to adopt specific measures to maintain a high level of consumer protection, including in these channels.
31 January 2023
T.Kulnigg M.Czernin D.Hofmarcher S.Khalil M.Neagu M.Nusser M.Pressler D.Rutecka A.Tipotsch
to the point: technology & digitalisation l January 2023
Key legal topics in data centre development and investments
The recent years' sprint towards digitalisation was one of the decisive factors in accelerating the transformation of telecommunications infrastructure. The global markets expect an increase in investments in telecom infrastructure and Romania is no exception.
Austria: Schoenherr advises proptech scale-up GROPYUS on major Austrian scale-up financing round
Schoenherr advised the Vienna-headquartered property technology scale-up GROPYUS on its ongoing Series B financing round led by Vonovia, Europe's largest residential real estate company. The volume of this financing round is at around EUR 100m, bringing GROPYUS' total funding to date to more than EUR 200m.
EU: The end of a dry spell – NIS 2 published
After several delays, the revision of the NIS Directive was published in the Official Journal of the European Union on 27 December 2022 in the form of Directive (EU) 2022/2555 ("NIS 2").
CZ: Schoenherr Journal Edition 13
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
24 November 2022
D.Tyrybon C.Pretscher T.Kulnigg C.Haid F.Terharen N.Kerschbaumer D.Rutecka D.Hofmarcher M.Vlajković
to the point: technology & digitalisation l November 2022
Bulgaria paves way for innovative businesses with new start-up visa
Country welcomes non-EU investors to boost local start-up ecosystem
After Decree No 318 of 7 October 2022 adopting the Ordinance on the conditions and procedure for issuing, extending and revoking a certificate for a high-tech and/or innovative project (the "Ordinance") was promulgated in issue 82 of the State Gazette of 14 October 2022, Bulgaria joins the almost half of EU countries that issue "start-up visas".
NFT licences that "can't be evil": are they any good?
Licences connected to Non-Fungible Tokens (NFTs) are still far from being the norm. As a result, most NFTs still do not convey sufficient or appropriate IP rights to their underlying content. Moreover, they have to deal with practical difficulties inherent to the nature of NFTs. The need for licences tailored to the NFT market is therefore evident.
To overcome the practical difficulties and tackle these issues, publicly available NFT licence systems have emerged. But are they any good?
16 August 2022
I.Stoyanov S.Tsekova K.Kaloyanova-Toshkova V.Tomov G.Roussinova-Ivanova A.Lazarevska
Bulgaria: Schoenherr advises KKCG and Aricoma Group International on acquisition of Musala Soft
Schoenherr advised the KKCG Group (KKCG) and its portfolio company Aricoma Group International AB (Aricoma) on the acquisition of Musala Soft, a major Bulgarian software company, and its subsidiaries.
EU: Commission Proposal to implement the FATF Travel Rule: Speed bumps ahead for crypto-asset transfers?
Austria: Schoenherr advises Red Bull on joint venture with Teletest consortium
Schoenherr advised Red Bull GmbH on the establishment of a joint venture with Arbeitsgemeinschaft Teletest ("AGTT").
Trademarks: The classification of "virtual goods" in trademark applications
Trademark professionals have noted growing interest in protecting trademarks for "virtual goods". This leaves trademark specialists as well as IP offices grappling with how to correctly classify these goods.
Austria: Schoenherr advises Storyblok on USD 47m Series B financing
Schoenherr advised the Austrian scale-up Storyblok on its Series B financing worth USD 47m, one of several major transactions in the Austrian start-up scene on which Schoenherr has advised in the recent past.
Austria: Schoenherr advises S&T AG on voluntary partial public takeover offer
Schoenherr advised S&T AG, an Austrian company listed on the Frankfurt Stock Exchange, in connection with the voluntary partial public takeover offer by grosso tec AG (Germany) on issues of Austrian law. Hogan Lovells advised S&T AG on German law issues.
15 March 2022
M.Woller D.Tyrybon M.Schmiedinger D.Rutecka L.Dočekalová M.Pressler F.Terharen A.Reumann
to the point: technology & digitalisation l March 2022
Wegfall des "Privacy Shield": Kommt jetzt das Aus für "Google Analytics"?
Webinar | Schoenherr Privacy Academy
3. März 2022 | 9.30 - 10.30 Uhr
10 February 2022
T.Kulnigg D.Tyrybon C.Haid A.Reumann F.Terharen D.Rutecka V.Iurkovski N.Kerschbaumer M.Czernin
to the point: technology & digitalisation l February 2022
03 February 2022
A.Doytchinova S.Pavlova-Kaneva V.Tomov G.Roussinova-Ivanova K.Bozhinova L.Dočekalová H.Hangler
Bulgaria: Schoenherr advises Chaos on Bulgarian law aspects in merger with Enscape
Schoenherr advised Chaos, a global leader in photorealistic rendering technology, on the Bulgarian law aspects of its merger with Enscape, a leading developer of real-time rendering and design workflow technology for the Architecture, Engineering and Construction (AEC) industries.
Wegfall des "Privacy Shield": Kommt jetzt das Aus für "Google Analytics"?
Webinar | Schoenherr Privacy Academy
2. Februar 2022 | 17.00 - 18.00 Uhr & 3. März 2022 | 9.30 - 10.30 Uhr
Moldova: Digitalisation has made it easier to establish, operate and sell companies
Through its 11 November 2021 law ("Law 175/2021"), the Moldovan Parliament passed certain amendments to existing legislation with the goal of digitalising the national economy. As a result, the norms implemented have made it simpler to establish, operate and sell companies in Moldova.
Law 175/2021 entered into force on 10 January 2022.
Austria: Schoenherr advises Austrian unicorn Bitpanda on expansion of its product portfolio to include exchange traded cryptocurrencies
Schoenherr advised the Austrian fintech Bitpanda on the expansion of its product portfolio to include exchange traded cryptocurrencies. This product provides investors with easy access to crypto assets via a liquid financial instrument traded on a regulated exchange.
Judgments issued ex machina? Are AI-made judicial decisions the future?
Digitalisation is invading all areas of our lives, including the judiciary. It is impossible to imagine everyday legal life without electronic legal transactions, the electronically managed land and company registers, the edict file or the possibility of submitting briefs to courts in electronic form.
Coming soon: The European Patent with Unitary Effect
The European Patent with Unitary Effect ("Unitary Patent") already has a longstanding and ambiguous history, although its underlying legal framework has not yet come into force. But 2021 brought a considerable push towards implementation of the Unitary Patent system.
The Digital Content Directive and the Sale of Goods Directive: when to apply which?
The constant and growing development of new technologies is leading towards an increasing availability of various digital products for consumers. This, in turn, triggers competitiveness and consumers' ever-greater expectations about the offerings, the ease of their purchase and conclusion of contracts without leaving home.
Does the Digital Services Directive stipulate a right to updates?
The new Digital Services Directive (DSD) aims to harmonise certain aspects of consumer protection law by providing consumers a mandatory warranty for digital content and digital services supplied by a vendor. First and foremost this concerns contracts on the purchase or rental of software (usually comprising licence agreements) or cloud services.
Evidence no. 5. How to sniff out cybercrimes and build a successful case
More and more companies are being subjected to cyberattacks. To effectively respond to this criminal phenomenon, it is essential to be prepared, meaning making sure you have solid evidence to build a criminal case.
Wie man ein 64-kg-Kunstwerk als NFT verkauft
Derzeit besteht ein regelrechter Run auf digitale Kunstwerke, deren Einmaligkeit durch „Non-Fungible Token“ (NFT) garantiert ist. Das gute alte ABGB ermöglicht es, diese Technologie für körperliche Schöpfungen zu nutzen.
Non-Fungible Tokens: Ist digitale Kunst versicherbar?
Digitale Kunstwerke in Form von Non-Fungible Tokens (NFTs) erzielen bei Auktionen Millionenpreise. Für Sammler stellt sich daher die Frage, ob sie die Werke versichern können
FMA permits automated biometrical customer identification – a game changer for the KYC process?
Cultural Hackathon podcast: NFT – Is it worth it?
The NFT art market is growing and occupying the cultural sector.
19 October 2021
T.Kulnigg G.Leissler J.Böszörményi F.Terharen D.Rutecka D.Tyrybon M.Czernin M.Pressler
to the point: technology & digitalisation | October 2021
Limited network exemption under PSD2 – EBA consults on Draft Guidelines
In summer 2021 the European Banking Authority (EBA) published Draft Guidelines on the limited network exemption (LNE) under the Payment Service Directive 2 (PSD2) for consultation (available here). The Draft Guidelines are meant to foster supervisory convergence amongst the EU's national competent regulators (NCAs).
Dissonant Optimism: Mergers and Acquisitions in the Bulgarian Technology Industry
Austria: Schoenherr advises on the sale of the oral hygiene start-up Playbrush to the Sunstar Group
Schoenherr advised the shareholders of the Austrian oral hygiene start-up Playbrush on the sale of the majority shares to the international health care company Sunstar Group.
IP-Day 2021
IP-Day is dedicated to current and fundamental questions regarding intellectual property law – not just in an academic way, but also practically.
Austria: Schoenherr advises Bitpanda on Austria's largest scale-up financing round
Schoenherr provided legal advice to Bitpanda on the largest scale-up financing round in Austria to date.
Blockchain and (Un)Real Estate
Blockchain technology has – so far – not lead to a transfer of the world's land registers onto this technology or to a "tokenization" of title (documents). The only significant exception in this respect is Georgia where a purchaser's title to real property can be registered by execution of a smart contract.
NFT art: The most important (legal) questions for artists, buyers in general and museums
Bulgaria: Schoenherr advises Ringier on the acquisition of Sportal Media Group and Digital Ventures
Schoenherr advised Swiss-based media company Ringier on the acquisition of a majority stake in the leading Bulgarian sports news portal – Sportal Media Group – and an affiliated IT company behind the leading international Sports Content Management System, Sportal365 – Digital Ventures OOD.
NFT: An all-round legal view of Non-Fungible Tokens | Webinar
Did you miss our webinar, or do you want to listen to the discussed topics again? Watch the NFT webinar video recordings here!
When a museum buys an NFT: Legal challenges and considerations
The story of our NFT self-experiment does not end with the selling of the token. To the contrary, it is only the start: The buyer – in our case the Museum Francisco Carolinum in Linz – wants to use the artwork for their purposes. In general, what legal considerations should a museum keep in mind?
14 June 2021
S.Khalil C.Cudlik T.Kulnigg G.Leissler A.Natterer A.Tipotsch F.Terharen D.Tyrybon N.Stepan
to the point: technology & digitalisation | June 2021
Let the NFT Self-Experiment begin!
Non-fungible tokens (NFTs) aren't new, in fact they've been around for years. However, it took the auction of an NFT linked to an image by Christie's Auction House and the fall of the hammer at a spectacular USD 69 million to create worldwide attention and interest in NFTs.
Czech Republic / Austria: Schoenherr advises Twisto group on senior and mezzanine debt (re)financings
Austria: Schoenherr and Museum Francisco Carolinum clarify NFT Art
Schoenherr's IP & Technology practice group has set itself the goal of providing clarity on Non-Fungible Tokens (NFTs) in the art and culture industry. In collaboration with the Museum Francisco Carolinum Linz in Upper Austria, the questions preoccupying artists, collectors and museums will be addressed at one of the world's first art exhibitions on NFTs in art. An important milestone for this has already been reached: The museum recently acquired their first NFT artwork – a work of art by conceptual artist and Schoenherr partner Guido Kucsko, that was also used in a Schoenherr team's self-experiment.
Facial recognition technology: regulations and use
In recent years there has been an increased use of technologies that match a person's digital image (eg, from a surveillance camera) to a picture database. These technologies facilitate various tasks, including:
12 April 2021
C.Haid D.Rutecka T.Kulnigg D.Tyrybon M.Woller A.Tipotsch D.Hofmarcher F.Terharen N.Stepan
to the point: technology & digitalisation | April 2021
The ECJ's VG Bild-Kunst case: Are there (legal) limitations to the use of links?
YES - In its previous case law, the court has recognised the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech. On these grounds, the European Court of Justice (ECJ) generously allowed the use of links to make third-party content accessible via one's own website.
Checking In: Data Protection Compliance in CEE
For our Checking In feature, we reach out to partners and heads of practice across CEE to learn how specific practice areas are faring in their jurisdictions. This time around we asked Data Protection experts: Overall, how compliant would you say economic agents are with relevant local regulations on data protection, and what are the main gaps that have yet to be addressed?
COVID-19 – a catalyst for digital assets and crypto trading regulation?
The economic impact caused by the COVID-19 pandemic has not only significantly changed the way we work, travel and shop, but has sent a large number of investors on the search for assets that can provide a safe haven during the ongoing crisis and its macroeconomic events.