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 …
Internet & E-commerce
by Giulia Zappaterra & Deborah Paracchini 2019 brought considerable changes in the data protection world. Some EU Member States finally integrated the rules of the EU General Data Protection Regulation No. 679/2016 (GDPR) with their national laws. At the same time, local data protection authorities started to fully apply – also issuing severe sanctions – the set of rules of the GDPR. This scenario does not anyhow mean that 2020 will not bring us any news! New legal issues – growing together with the improvement of innovative technologies – will test the data protection legal framework.
The so called Tax Decree (Law no. 157/2019 of 19 December 2019 implementing Law Decree no. 124/2019) introduced new regulatory requirements for services agreements that will have an impact on outsourcing and IT contracts as well as on those contracts where a considerable amount of manpower is utilized (e.g. logistics, maintenance services, etc.). The new rules apply as of January 1, 2020 and require (i) immediate attention due to the sanctions potentially applicable as well as (ii) changes to contracts (including those currently in place) and (iii) adoption of new internal procedures. In a nutshell, the Tax Decree provides that: …
Il c.d. Decreto Fiscale (Decreto Legge. n. 241/1997 convertito con Legge n. 157/2019) ha introdotto sostanziali novità in tema di appalti. Si tratta di una riforma che richiede immediata attenzione per le conseguenze sanzionatorie in capo a committente e appaltatore nonché modifiche ai contratti in essere e da stipulare e l’adozione di nuove procedure interne. Le nuove norme si applicano infatti a decorrere dal 1 gennaio 2020. Avrà certamente un impatto sui contratti per servizi IT, di outsourcing e in settori con grande impiego di manodopera (ad esempio, il settore della logistica, servizi di manutenzione, ecc.). In particolare, è previsto …
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 Italian Communication Authority (AGCOM) recently adopted a regulation on the age rating of audiovisual works on the internet and videogames (the “Regulation”).The new rating system aims at ensuring the right balance between the protection of minors on the one hand, and the freedom of expression and art on the other hand. The Regulation was drafted in compliance with international standards and best practices, such as the most widespread rating systems, among which the PEGI (Pan European Game Information) that is accepted in most European countries.In this article we focus on the new videogame age rating system.
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2018 brought us considerable changes in the data protection world. The EU General Data Protection Regulation No. 679/2016 (GDPR) finally became applicable, introducing in the privacy law context its expected innovative principles and rules. But as soon as the GDPR entered into force, the EU Member States began to think about the adequacy of their national legislation. As a consequence, most of EU countries decided to adopt a new local legislation in order to review, amend and, therefore, adequate their local laws to the newcomer GDPR.
But what will happen in the next 12 months? Here our personal predictions on privacy legal issues for 2019.
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After the public consultation launched last January, on 7 December 2018, the European Commission (EC) published the first Counterfeit and Piracy Watch List, which provides examples of reported marketplaces or service providers located outside the EU and engaged in counterfeiting and piracy.
Such Watch List was highly expected by right holders and represents the last measure adopted by the EC against infringers, after the Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet (MoU) in 2016 and the Guidelines for online platforms to tackle illegal content in 2017.
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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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At the beginning of the year, in our fashion predictions we put artificial intelligence (“AI”) at the top of the fashion agenda and ‒ yes, no magic sphere needed! ‒ we were actually right.
Technology has had a huge impact on the fashion industry and in the last year all the retail giants took an algorithmic approach to fashion. After Amazon’s Echo Look app which gives feedback or recommendations on your outfits and Zara’s interactive fitting rooms, with mirrors recognizing the clothes that you are wearing and suggesting others to match them based on style, color and mood, also Yoox explored the potential of AI.
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On 26 June 2018, the Italian Advertising Authority (IAP) took a step further on online advertising and issued one of its first decisions based on the Digital Chart and art. 7 of the Advertising Self-Regulatory Code (the “Code”). The case was about some Instagram Stories and a picture published by the Italian singer Fedez on the occasion of the International Tennis Cup displaying some cars and emphasizing some of their functions, like the massage in the seats.
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”).
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.
On 11 April 2018, the European Commission proposed the so called “New Deal for Consumers” to strengthen EU consumer rights and enforcement.