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The Electronic Signatures Act (ESA) of Taiwan, enacted in 2001, has undergone its first major amendment (“Amendment”) in response to the rapid global digital transformation and the changing landscape of digital services and digital economy in Taiwan. With the proliferation of digital solutions and the increasing demand for electronic documents and signatures, particularly accelerated by the COVID-19 pandemic, the Taiwan Legislative Yuan passed the Amendment on 30 April 2024. The Amendment will take effect following…

The ICO has recently launched a public consultation on the first chapter of its draft guidance on generative AI and data protection. This consultation has a particular focus, it is a call to explore the lawful basis for extracting data from the web to train generative AI models (a process which is becoming more common across numerous markets). The ICO is requesting input from developers, users and wider interested parties. What is generative AI? Generative…

The SDPA and the CNMC, among other institutions, launch a series of coordinated actions related to the age verification of minors online, aimed at reinforcing their protection and preventing their access to harmful content. As in the rest of the European Union, the protection of minors online is one of the main areas of concern of Spanish authorities such as the Spanish Data Protection Agency (“SDPA”), the National Commission for Markets and Competition (“CNMC”) and…

Social media has become an increasingly vital part of firms’ marketing strategies across industries, and the financial sector – including its growing number of financial influencers or “finfluencers” – is no exception. In light of this trend the UK financial services regulator, the Financial Conduct Authority (FCA), has published a consultation to update its guidance on social media financial promotions. With this new guidance, the FCA wants to ensure its expectations of financial promotions on…

NFTs (Non-fungible Tokens) continue to grow in popularity, but the inherent misalignments in speed between legislation and innovation present a major challenge. NFT project developers, companies interested in using NFTs as an entry point into the web3 world and other stakeholders face legal challenges regarding regulatory matters, aligning these projects with more traditional legal requirements (such as eCommerce related consumer laws) and potential IP (Intellectual Property) breaches. Although there are few legal precedents for NFTs,…

February 2023 saw a landmark decision for brand owners and digital assets, as a first instance court decided the first US case to consider the application of trademark rights to digital artworks linked to Non-Fungible Tokens (NFTs). The decision (detailed in our alert here) centered around “MetaBirkins”: a collection of unique virtual tokens linked to digital faux-fur versions of the coveted Hermès Birkin bag. Hermès sued Rothschild for trademark infringement, dilution and cybersquatting, and the…

The Digital Services Act (DSA), came into force. on 16 November 2022 with a compliance deadline of 17 February 2024 (with earlier deadlines for the largest market players). However, all online platforms must publish the number of average monthly active recipients of their service by 17 February 2023. The DSA categorises services as intermediary services, online platforms, search engines, very large online platforms and very large search engines, with tiered obligations focusing on content moderation,…