Over the last year we have seen increasing interest from our global client base in investing in strategic, transformational technology transactions with European counterparties.  These transactions often facilitate access to key technologies, geographies and, of course, data.  In this note we set out 6 key points to keep in mind when planning, negotiating and executing these types of transactions across Europe.

Continue Reading Strategic Technology Transactions in Europe – Considerations for U.S. and Global Companies

On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here).  In both Communications, the Commission sets out a vision of the EU powered by digital solutions that are strongly rooted in European values and EU fundamental rights.  Both Communications also emphasize the intent to strengthen “European technological sovereignty”, which in the Commission’s view will enable the EU to define its own rules and values in the digital age.  The Communications set out the Commission’s plans to achieve this vision.

Continue Reading AI Update: European Commission’s plans on data and Europe’s digital future (Part 3 of 4)

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
Continue Reading Centre for Data Ethics and Innovation publishes final report on “online targeting”

On August 27, 2019, the U.S. Patent and Trademark Office (“USPTO”) published a Request for Comments on Patenting Artificial Intelligence Inventions in the Federal Register. The Request follows Director Iancu’s statement that America’s national security and economic prosperity depend on the United States’ ability to maintain a leadership role in Artificial Intelligence (AI) and other emerging technologies, as explained in another post on an artificial intelligence conference held by the USPTO earlier this year.

Recent Rapid Advances in AI Technologies

The recent confluence of big data, increasingly faster and more specialized hardware, improved algorithms, and increased investment has led to rapid advancement in AI technologies and applications such as computer vision, natural language processing, medical diagnostics, robotics, autonomous vehicles, and drug development, among others. And while the Request does not define the term “artificial intelligence,” the USPTO does provide a class definition for the examination of AI inventions and patent applications, and Class 706 identifies several technologies encompassed by AI technology.


Continue Reading AI Update: USPTO Publishes Request for Comments on Patenting Artificial Intelligence Inventions

On July 10, 2019, the White House Office of Management and Budget (“OMB”) published a Request for Information (“RFI”) in the Federal Register, requesting comments on how to improve Federal data sets and models for artificial intelligence (“AI”) research and development (“R&D”) and testing.  The RFI is a part of the White House’s AI Initiative, as kicked off by the Executive Order on Maintaining American Leadership in Artificial Intelligence.
Continue Reading AI Update: White House Announces RFI on Improving AI R&D Data and Models

On the 10th October 2018, BEREC (the Body of European Regulators for Electronic Communications) launched its public consultation on the ‘Data Economy’. This comes at a time when different regulators are increasingly discussing the importance of big data, including the opportunities and risks that it brings about, how these may evolve, and how (and increasingly who should take the responsibility) to regulate. While the data protection and competition authorities have so far been most vocal in this deepening regulatory debate, the opening of this consultation represents a clear and decisive move by European telecom regulators to ‘throw their hat’ into the ring and get included in the discussion – and potentially future regulation – of Europe’s data economy.

All interested stakeholders, including public organisations, industry actors, consumers, associations, academics, financial advisers, and other stakeholders with expertise or interest in the data economy are strongly encouraged to have their say. BEREC’s consultation video can be accessed here, and the consultation is open until 21 November 2018.


Continue Reading IoT Update: BEREC launches public consultation on the ‘Data Economy’

On 6 October 2017, the German Competition Authority (the “FCO”) launched a new series of papers on “Competition and Consumer Protection in the Digital Economy” with its first paper on “Big Data and Competition” (available in German) (the “Paper”). The FCO sets out its view of the specific characteristics of digital, data-based markets, the role data may play in the competitive analysis of such markets and the importance of data protection in competition law proceedings.

The FCO has already considered these issues in its May 2016 joint paper published by the FCO and the French Competition Authority on “Competition Law and Data” (the “Joint Paper”). While this paper does not reflect a significant departure from the Joint Paper, it reaffirms the FCO’s intent to be part of the discussion about the appropriate approach to applying competition law to data in digital markets. In addition to the Joint Paper, the German Monopolies Commission’s report on Digital Markets (June 2015) and the FCO’s Working Paper on Market Power of Platforms and Networks (June 2016) have also considered elements of this issue.


Continue Reading The Bundeskartellamt Publishes a Paper on Big Data and Competition