Why Artificial Intelligence Will Need a Legal Personality

The development of robotics and artificial intelligence (AI) is an exciting, relentless reality which is slowly making its way out of science fiction movies and into our mundane world. Furthermore, people and technology are increasingly interacting at an individual, daily level.  The increased occasions of interaction between human and AI systems have great potential not …

Cross Border Matrimonial Property and Assets

#CrossBorderFamilyAssets are often very difficult to deal with after a divorce or death. As individuals are increasingly mobile international couples (couples with same citizenship living abroad, couples of different citizenship living in the country of residence of one of the members, or couple of different citizenship living in a third country) need clear rules, Within the EU, Council Regulations (EU) 2016/1103 (applying to matrimonial property regimes) and (EU) 2016/1104 (applying to property consequences of registered partnerships) have attempted to give legal certainty to couples by providing conflict-of-law and jurisdiction rules in this respect. For cross border couples outside the EU, the situation is more complex and a case by case practical approach is required.

Cross Border Business Negotiations: cross cultural aspects

Cross cultural negotiations can be disastrous if the individuals involved are not aware of the nuances involved. Negotiations are difficult because they involve people, not only with their stated negotiation goals, but also their fears, their priorities, their undeclared agendas, their real decision making power, their personality, their conflict style, their prejudices.  Cross cultural negotiations …

Cross Border M&A; when to opt for a minority stake in a cross border joint venture

Whether your company has engaged in successful joint venture activities for years, or it is new to joint ventures, there is always an element of uncertainty when deciding to enter into a cross border joint venture, whether the objective is to expand reach and distribution of the company's products and services in highly developed countries, …

Italian law gives legal value to blockchain and smart contracts

[Versione italiana] A leap forward has been done by Italian Law No 12/2019 (the "Law") - published on 11 February 2019 - which completed the conversion procedure of Law Decree No 135/2018, better known as Decreto Semplificazioni. The Law introduces a definition of Distributed Ledger Technologies and Smart Contracts and sets out the legal effects deriving from …

Data Protection: the EU Commission recognizes Japan as having adequate levels of data protection

On 23 January 2019, the EU commission announced its decision that Japan ensures adequate levels of data protections - as a consequence, it is now possible to freely transfer personal data from the EU (and the EEA) to Japan without the application of any further requirements. Transfers of personal data originating from the European Economic …

EU Data Centers and Cross Border Transfers of Personal Data

In the wake of no-deal Brexit headaches, a number of international groups ask for advice on cross border transfers and how to make the best decisions when establishing a data center. If a company locates its data center in a EU country (ie in perspective, not in the UK), the flow of personal data from the …

Oneline Education and Application of EU GDPR

Education institutions, especially if they are offering distance learning programs, have the opportunity to reach students in every country of the world. Personal data collected and processed by a university, a school or by any other education institution in the context of its learning programs represent valuable assets: as such, they need to be carefully protected by ensuring compliance with privacy rules. In this context, the offering of services in the European Union and the data processing activities related thereto may possibly imply the adoption of a compliance program to the European Regulation 2016/679 (General Data Protection Regulation – “GDPR”). A compliance program to the GDPR is certainly a quite substantial commitment for European organizations and for foreign organizations which are subject to the new rules, however these subjects need to be mindful that the business and legal implications deriving from non-compliance with applicable rules may lead to substantial sanctions and to reputational damages.

EU GDPR-Consent to Process Personal Data

EU companies – and non-EU companies offering goods or services to EU citizens – which process personal data need to comply with the provisions introduced by the European Regulation 2016/279 (General Data Protection Regulation – “GDPR”) in this respect. Consent of the data subject is a legal basis for data processing but not the only …

Artificial Intelligence and Legal Personality

[“In a scenario where an algorithm can take autonomous decision, then who should be responsible for these decisions?” Milan-based corporate lawyer Stefania Lucchetti said]. My interview in Politico's article on the introduction of a concept of legal personality for artificial intelligence. This conversation has come of age, and while we do not yet have all …

Data Protection as a Corporate Governance Issue

    What are the implications of the GDPR from a practical point of view both from the legal side and the technical side? Aside from the obvious duty to be compliant, my view is that an appropriate data protection structure and responsibility line is not just an IT issue or a legal issue but …