The business model for Software as a Service (SaaS) requires careful drafting of the contracts in place between the software owner or provider, its end users and its distributors.
Standard vs Tailored – The Art of Giving Advice
Advising a client on a transaction, a negotiation or a situation is a completely different skill to the production of standard documents. The ability to give advice - sound, experienced, sensible adviced tailored to the client's situation and the client's objectives and priorities is a core skill of a good lawyer, a real competency which is often underestimated.
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 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, …
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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 …
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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 …
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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 …
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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 …
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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 …
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Stefania Lucchetti as speaker at Forbes Live event on Fintech
On 1st March 2018 Stefania Lucchetti was a speaker at a Forbes Italia ForbesLive event during the Quant International Workshop (quantitative & asset management) in Venice, Italy. The focus of Stefania's panel was on the future of financial services in the age of Fintech. The topics addressed during the presentation included the legal issues related to …
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