Tech Law Talks

EU/Germany: Damages after data breach/scraping – Groundbreaking case law

In its first leading judgment (decision of November 18, 2024, docket no.: VI ZR 10/24), the German Federal Court of Justice (BGH) dealt with claims for non-material damages pursuant to Art. 82 GDPR following a scraping incident. According to the BGH, a proven loss of control or well-founded fear of misuse of the scraped data by third parties is sufficient to establish non-material damage. The BGH therefore bases its interpretation of the concept of damages on the case law of the CJEU, but does not provide a clear definition and leaves many questions unanswered. Our German data litigation lawyers, Andy Splittgerber, Hannah von Wickede and Johannes Berchtold, discuss this judgment and offer insights for organizations and platforms on what to expect in the future.

Read the rest of this entry »

AI explained: AI in the UK insurance market

Laura-May Scott and Emily McMahan navigate the intricate relationship between AI and professional liability insurance, offering valuable insights and practical advice for businesses in the AI era.

Our hosts, both lawyers in Reed Smith’s Insurance Recovery Group in London, delve into AI’s transformative impact on the UK insurance market, focusing on professional liability insurance. AI is adding efficiency to tasks such as document review, legal research and due diligence, but who pays when AI fails? Laura-May and Emily share recommendations for businesses on integrating AI, including evaluating specific AI risks, maintaining human oversight and ensuring transparency.

Read the rest of this entry »

AI explained: AI and cybersecurity threat

Our latest podcast covers the legal and practical implications of AI-enhanced cyberattacks; the EU AI Act and other relevant regulations; and the best practices for designing, managing and responding to AI-related cyber risks. Partner Christian Leuthner in Frankfurt, partner Cynthia O'Donoghue in London with counsel Asélle Ibraimova share their insights and experience from advising clients across various sectors and jurisdictions.

Read the rest of this entry »

AI explained: AI regulations and PRC court decisions in China

Reed Smith lawyers Cheryl Yu (Hong Kong) and Barbara Li (Beijing) explore the latest developments in AI regulation and litigation in China. They discuss key compliance requirements and challenges for AI service providers and users, as well as the emerging case law on copyright protection and liability of AI-generated content. They also share tips and insights on how to navigate the complex and evolving AI legal landscape in China. Tune in to learn more about China’s distinct approach to issues involving AI, data and the law. 

Read the rest of this entry »

AI explained: AI and financial services

Reed Smith partners Claude Brown and Romin Dabir discuss the challenges and opportunities of artificial intelligence in the financial services sector. They cover the regulatory, liability, competition and operational risks of using AI, as well as the potential benefits for compliance, customer service and financial inclusion. They also explore the strategic decisions firms need to make regarding the development and deployment of AI, and the role of regulators play in supervising and embracing AI.

Read the rest of this entry »

AI explained: AI in shipping and aviation

This episode highlights the new benefits, risks and impacts on operations that artificial intelligence is bringing to the transportation industry. Reed Smith transportation industry lawyers Han Deng and Oliver Beiersdorf explain how AI can improve sustainability in shipping and aviation by optimizing routes and reducing fuel consumption. They emphasize AI’s potential contributions from a safety standpoint as well, but they remain wary of risks from cyberattacks, inaccurate data outputs and other threats.

Read the rest of this entry »

AI explained: AI and banking

Emerging technology lawyers Therese Craparo, Anthony Diana and Howard Womersley Smith discuss the rapid advancements in AI in the financial services industry. AI systems have much to offer but most bank compliance departments cannot keep up with the pace of integration. The speakers explain: If financial institutions turn to outside vendors to implement AI systems, they must work to achieve effective risk management that extends out to third-party vendors.  

Read the rest of this entry »

AI explained: AI and the impact on medical devices in the EU

Regulatory lawyers Cynthia O’Donoghue and Wim Vandenberghe explore the European Union’s newly promulgated AI Act; namely, its implications for medical device manufacturers. They examine amazing new opportunities being created by AI, but they also warn that medical-device researchers and manufacturers have special responsibilities if they use AI to discover new products and care protocols. Join us for an insightful conversation on AI’s impact on health care regulation in the EU. 

Read the rest of this entry »