By Francesca Romana Ferrucci and Alessandro Ferrari 2019 was a very interesting year for tobacco, electronic cigarettes (“e-cigs”) and novel tobacco products (“NTPs”) all around the world. Going from new products in the process of accessing new markets, moving on with the mayhem concerning severe health issues allegedly connected to the use of e-cigs. The past year has definitely been quite a rollercoaster for the sector and the upcoming year is likely to be just as intense. Marketing and advertisement: the saga continues As highlighted in our previous legal predictions for 2019, the Italian legal background concerning marketing and advertisement …
By Elena Varese, Andrea Michelangeli and Vanessa Krieg “One of the greatest dangers of advertising is not that of misleading people, but that of boring them to death”. Thus, in the hope not to be too boring, there you go with our predictions for 2020 on advertising law!
As we already discovered in some of our previous articles on tech & fashion, innovative technology within the fashion industry is more apparent than ever. From updating retail experiences, to wearable technology like smartwatches, technology and innovation are continuously inspiring and influencing trends and fashions. In fact, as Marty McFly introduced smart clothing that could self-adjust to his needs, now fashion brands create tech clothes which can heat up, cool down, change color or even size themselves, playing around with the concept of wearable, smart clothing and connected garments.
As we already discovered in some of our previous articles, from 3D avatars to wardrobe advisers, passing through CGI and Robot IT girls, artificial intelligence (“AI”) is shaping our outfits and looks.
Indeed, AI is transforming the fashion industry in every element of its value chain and marketplace. In last years, all retail giants are using AI to improve the efficiency of sales systems and processes and to enhance clients’ shopping experience, offering a personalized service tailored on their interests and preferences.
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The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.
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The eSports market has grown at a tremendous pace over the past few years becoming a half billion dollar industry and it is quickly seducing an increasing number of fans, operators and investors. Beside the huge growth, the industry is rapidly evolving, going from content consumed largely through streaming platforms to network-backed streaming services.
The eSports law booklet from the Italian IPT team of DLA Piper covers a number of current and upcoming legal issues of eSports and how to deal with them in order to help companies operating in the market to better understand the issues that are arising and to which the eSports industry in some cases does not still have a good answer.
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There are a number of copyright issues related to the choreography of an eSports game. In these days the first (and most important) regards the protection of choreographic elements (i.e. a dance) which could appear in videogames. In Europe and in the USA, a choreographic work is protected by copyright. This is why an extended series of dances moves that is original to its creator can be protected by copyright. The above explains the law suits recently filed in the USA at the end of 2018 by several individuals in connection with famous Fortnite videogame.
If you are not familiar with Fortnite, players can buy (or earn) emotes, short avatar animations who can replicate generic acrobatic moves and dances. The Fortnite Loser Dance (so called L Dance) become famous thanks to the French soccer player Griezmann, who used this theme after scoring in the last World Cup 2018 final against Croatia.
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Loot box regulation is a hot topic in a variety of regions. The attention over loot boxes began when a number of video games started to incorporate gaming micro-transactions for chance-based items within the game.
Previously, video games were sold as a stand-alone product and the interaction between players and the developers of the game existed only and to the extent players would have bought a sequel or an expansion pack of the video game.
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With a decision published on December 7th 2018, following an investigation launched in April 2018, the Italian Competition Authority has fined Facebook Ireland Ltd., and its parent company Facebook Inc., for engaging in two unfair commercial practices in violation of the Italian Consumer Code.
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Everyone knows that State frontiers were a serious challenge to the exchange of products and services within the European Union. Then, after reaching the so-called Schengen acquis, Member States managed to tear down internal borders and ensure a well-functioning circulation of products over the Union. The new EU Geo-Blocking Regulation is a further step towards the freedom of services throughout the European Union.
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Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer marketing.
As mentioned in our previous post, the European Commission has recently launched the “New Deal for Consumers”, a new package of initiatives aimed at strengthening consumer rights and harmonizing consumers laws across the European Union. This article is just the first piece of a puzzle of posts that we will publish on the main innovations that the new consumers package will introduce. Our analysis will start from the proposal for a directive on better enforcement and modernization of EU consumer protection (“Proposal 1”).
On 02 July 2018, with judgment no. 17278/2018, the Italian Supreme Court (Corte di Cassazione) took an important stand on the notion of consent to personal data processing for marketing purposes. Let’s see what the case is about and what are the main points of Supreme Court decision.
Prompted by the increasing interest for the use of cloud outsourcing solutions within the banking industry, the European Banking Authority (“EBA“) has recently issued the final recommendations on the use of cloud service providers by financial institutions (“Recommendations“), which will be applicable as of 1 July 2018.