The AI Act follows a risk-based approach when targeting effective regulatory interventions and setting appropriate rules for AI systems. Such tailored approach is based upon the varying intensity and scope of risks that are generated by specific AI systems. Accordingly, we could distinguish between 3 different risk levels: unacceptable risk, high risk and moderate risk,…Continue reading
Mastering the Term Sheet: legal nuances and strategies for risk mitigation in investment deals
The term sheet is a legal document negotiated between startup/scaleup companies and their potential investors as part of the process for raising money. By its legal nature the term sheet is somewhat similar to a letter of intent or a memorandum of understanding. This is so because the term sheet is a non-binding agreement that…Continue reading
New obligations for online platforms under the EU Digital Services Act
The Digital Services Act (DSA) is an ambitious piece of legislation enacted by the EU lawmakers that came into force in late 2022. Some of the provisions of this comprehensive regulation are already applicable and others will become applicable as of 17 February 2024. The DSA fully harmonizes the rules that apply to online intermediary…Continue reading
SaaS agreements – inherent risks and mitigation techniques
Benefits of the SaaS model Under the SaaS delivery model the customer usually saves significant upfront costs. This is due to the fact that the SaaS customer does not need to pay a lump sum for a license or purchase any equipment for hosting the application and it also does not need an internal IT…Continue reading
SaaS Agreements vs Software Licenses – key differences
Over the past decade Software as a Service (SaaS) as a delivery model has been steadily replacing the traditional software licensing model which is characterized with on-premise software deployment. The differences between the two service delivery models are significant. Naturally, this also leads to certain substantial differences in the agreements that regulate the two types…Continue reading
Can you lawfully decompile software without the consent of the rightholder?
Decompilation for interoperability It is well-established that under the EU Software Directive (Directive 2009/24/EC on the legal protection of computer programs), the lawful acquirer of a copy of a computer program is entitled to decompile it for the sake of achieving interoperability with another piece of software. We can define decompilation as a process where…Continue reading
Game engines and the intricacies of their copyright protection
What is a game engine? Nowadays, the underlying source code of a video game is rarely developed from scratch. Modern video games usually rely on middleware. Game engines are such middleware pieces. A game engine can be defined as a platform and framework for game development. In the realm of software development, the notion of…Continue reading
On Perfumes, Copyright and … Cheese
The development of a perfume is undoubtedly a laborious and complex process. Despite the fact that most prominent fragrances are coming under fashion brands, those same fashion houses are rarely deeply involved in the actual creation process. In the usual scenario, a designer brand would commission the development of a perfume with a specified profile…Continue reading
Originality in computer programs
The originality requirement Within the EU, there is only one requirement for obtaining copyright protection for a computer program – the requirement for originality. Article 1 (3) of the EU Directive 2009/24 on the legal protection of computer programs (the Software Directive) reads that “[a] computer program shall be protected if it is original in…Continue reading
The right to erasure, the right to be delisted and the right to be forgotten – clearing the conceptual haze
There are three concepts in EU data privacy law that are quite often conflated and misunderstood. These are: i) the right to erasure, ii) the right to be delisted and iii) the right to be forgotten. The aim of this article would be to establish conceptual clarity about these three notions and to further elucidate…Continue reading
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