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Google establishes fund for news outlets as publisher-tech relationship grows frostier

In early October, tech giant Google announced it had set aside over $1bn to pay media outlets to display curated content on its news apps, initially as part of a three-year programme. Google will pay publishers it chooses on a market-by-market basis to provide blurbs for the company’s Google News Showcase app (‘Showcase’) and to give readers free access to certain paywalled articles.

China’s Foreign State Immunity Law 2023: Implications for Enforcement of Judgments and Arbitral Awards against States and State Entities in the People’s Republic of China, Hong Kong, and Macau

The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.

Utilising Generative AI in Businesses: Risks and Best Practices

The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.

The SEC’s tough stance on intermediary institutions: compliance and litigation risks

This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.

Covid-19 vaccination: the employer’s perspective

As the rollout of Ireland’s National Covid-19 Vaccination Strategy gathers pace, there are key issues for employers to consider as increasing numbers of the working population are invited by the Health Service Executive to receive a Covid-19 vaccine.

China’s restrictions on cross-border transfer of personal information: an update on regulatory policy and practical implications

This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.

A Brief Discussion on the Implications, Regulation and Prospects of AI in Dispute Resolution Practice with a Focus on China

Rebooting law’s operating system to tackle tech giants

The US Department of Justice has launched an antitrust suit against Google, alleging the tech giant used its size to unlawfully maintain its position in online search and advertising. Global Insight assesses the action in the context of previous cases.

Political ads: social media companies scrutinised as UK election looms

Twitter announced in late October it was banning all political advertising, saying the reach of such messages ‘should be earned, not bought’. Google too has opted to disallow political advertisers from targeting voters based on their affiliation and to tighten its ban on ‘demonstrably false claims’. Facebook meanwhile is facing increasingly fierce criticism for refusing to follow suit, particularly given the UK’s upcoming general election on 12 December.

Legal and business news from the IBA - August/September 2017

IBA Global Insight August/September 2017 - Chinese investment overseas, IBA Pro Bono Award nominees, law firm management webinar series, IBA Annual Conference 2017 Sydney, Google fined by EU for anti-competitive behaviour, China Working Group, India Contact Group, Code of Conduct survey

Australia’s draft News Media Bargaining Code

Amid the tensions between leading digital platforms and traditional news businesses, the Australian government has produced a novel proposal to use competition law to require designated digital platforms – initially Google and Facebook – to compensate news media businesses for news content. This article explains the origins of the proposed News Media Bargaining Code and developments after the proposal, including reactions from digital platforms.

Ad tech in Australia: the competition agency’s findings and recommendations

Where does EU law stand on abuse of dominance: lessons from key high-tech cases of the 21st century

This article provides a historical perspective on some of the main European Union abuse of dominance cases in the hi-tech sector from this century. It then seeks to draw lessons from those cases about where the law in the EU stands on abuse of dominance on a number of key issues, as well as what unanswered questions remain for the future, both as regards case enforcement itself and the interplay between that and regulation. The next section sets the scene by outlining the policy context and some of the key issues at stake, both in terms of antitrust’s analytical framework, and its role and very purpose. Then, the article provides an overview of a number of the main EU abuse of dominance cases in the hi-tech sector from this century, and in light of those, a description of where we stand and where more clarification may come in the future. The article concludes by placing the debate in the broader policy context of the role and effectiveness of antitrust and its interplay with regulation.

The battle for the news

Journalism has been reshaped and – in the eyes of some – imperilled by the power of the tech giants in today’s world. Global Insight assesses how journalism can continue to perform its vital role in society as publishers, lawmakers, tech companies and regulators seek to mould its future.

Abuse of dominance in the digital sector: recent developments in Brazil

The article describes and assesses the abuse of dominance investigations carried out by the Brazilian competition authorities in the digital sector. With nine cases already decided and six ongoing probes as of July 2019, there is a clear concern about false positives and avoidance of severe intervention, and no precise guidance on how companies should behave. The research also reveals interesting findings such as the importance of third parties, areas of concern and the inexistence of convictions.

Data Protection and Privacy Class Action Lawsuits in the UK: the Damages Conundrum

The majority of class action lawsuits in privacy and data protection in the United Kingdom have not succeeded. This may appear surprising, given the breadth of data rights found in the UK GDPR, the Data Protection Act 2018 and the development of the tort of misuse of private information. This article reviews the cases to date, including the most recent attempt in Prismall v Google UK Limited [2023] EWHC 1169 (KB), and examines why class action lawsuits – generally referred to as ‘group litigation’ in England – have failed to provide results for individuals whose data and information have been misused or inadequately protected.

Exercise of the right to be forgotten in Turkey in terms of search engine results

Nearly a quarter of the way into the 21st century, technology continues to be one of the areas where humanity has made the fastest progress. Although the ease of data access is one of the most important opportunities provided by technology, this convenience has negatively affected the right to privacy and created the risk of data being accessible indefinitely. The concept of the right to be forgotten has become prominent in order to strike a balance between privacy of individuals on the one hand and the public interest and freedom of expression on the other.

Protecting journalism in the digital age

Despite widespread acceptance that newspapers are a crucial element of democratic societies, they’re under severe threat as revenues flow to internet platforms. Global Insight reports on legislative efforts to save the ‘Fourth Estate’.

Recent developments in big tech regulation in India

The article examines the Competition Commission of India’s (CCI) decisional practice in cases of abuse of dominance in relation to big tech companies. The authors note that the CCI has adopted a cautious approach, and has on certain occasions expressed its reluctance in early intervention in a nascent sector. The article examines the need for the CCI to be driven by a fact-based approach in light of the jurisprudence from other mature regulators.

Recent developments in EU antitrust enforcement against big tech

The approach currently adopted by competition authorities around the world against so-called big tech hides two main risks, namely the delay in respect of innovation processes that may cause the actions undertaken turn out to be vain and the antitrust over-enforcement. This second feature, particularly, is strictly related to the position that enforcers are prone to adopt on competition law goals, which debate has massively re-emerged in the present context

Australia’s proposed legislation to require payment by platforms for news content: an appropriate global model?

The Australian Government has recently consulted on draft legislation, the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (draft Code). The draft Code requires designated digital platforms, initially only Google and Facebook, to negotiate with Australian media companies on a range of issues, including the question of payment for using a media company’s news content. If the negotiating is unsuccessful, this question of payment may be sent to compulsory arbitra

UK and Europe: a new hub for data breach class actions?

In this article we look at the growth of data breach class actions in the UK and Europe following the coming into force of the General Data Protection Regulation (GDPR). We also consider regulatory activity in the data protection field and the links between investigations and recent class actions. Looking to the future we ask whether current trends are likely to continue, highlighting some powerful policy statements made by the English Court of Appeal in support of data breach class actions, and conclude with a few words on litigation funding and its role in facilitating these kinds of cases.

Technology disputes in Australia 2022–23: emerging trends and managing risk

The dynamic nature of the digital environment with its lack of transparency and market complexity continues to challenge regulators, often making it difficult to detect issues and take enforcement action to deal with unfair trade practices, anti-competitive conduct and privacy and cybersecurity breaches.

Toe to toe with the tech giants

IBA Global Insight February/March 2018 - Online innovation moves at a rapid pace and legislators can struggle to keep up. Global Insight examines whether competition law provides the necessary tools to keep the major players in check.

Interview with Renée Duplantis, PhD, former TD MacDonald Chair in Industrial Economics at the Competition Bureau

Interview with Renée Duplantis, PhD, former TD MacDonald Chair in Industrial Economics at the Competition Bureau.

Perspectives for a ‘right to be forgotten’ amid the reintegration of ex-guerrilla members in Colombia

One of the most important challenges after the signature of the peace process in Colombia with the FARC guerilla (the ‘Peace Process’) is how the government, and the society as a whole, can assure ex-guerrilla members that they will be able to reintegrate effectively into a digital driven society where information about their past, and about the crimes they committed, is just one click away.

Interview with Maria Jaspers, Head of the Unit A1 – European Commission Antitrust Case Support and Policy

Interview with Maria Jaspers, Head of the Unit A1 – European Commission Antitrust Case Support and Policy.

Creating and implementing a diversity and inclusion strategy for the law firm – IBA Annual Conference Paris, 31 October 2023

In this session, Antonia Verna and Pavla Prikrylova presented the European Regional Forum Diversity & Inclusion Working Party with the Diversity and Inclusion Toolkit for Lawyers. The Toolkit was developed by the International Bar Association (IBA) to provide law firms with an action plan to embed the core principles of diversity and inclusion into their organisations.

Response from Alexandre Cordeiro Macedo, General Superintendent at the Administrative Council for Economic Defense, Brazil

Response from Alexandre Cordeiro Macedo, General Superintendent at the Administrative Council for Economic Defense, Brazil’s competition law regulator.

Perspectives on a ‘right to be forgotten’ in the midst of the reintegration of ex-guerrilla members in Colombia

Perspectives on a ‘right to be forgotten’ in the midst of the reintegration of ex-guerrilla members in Colombia.