1. In brief On May 16, 2024, the Tokyo District Court issued a judgment in relation to a case as to whether “AI” could be recognized as an “inventor” of a patent. The judgment indicated that it is reasonable to conclude that an “inventor” under the Patent Act is limited to natural persons in light of the intellectual property laws and other laws in Japan. 2. Background 2.1 The patent application and inventor identified in…
28 January 2024 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europeâs Convention 108. Data Privacy Day encourages the global community to think about the importance of respecting privacy, safeguarding data, and enabling trust. In an increasingly connected and digitized world, where data protection, privacy and cybersecurity regulation are rapidly evolving, the work of the global data community is more vital, and more challenging,…
This past year brought the rapid rise of ChatGPT and other generative AI platforms, accompanied by several noteworthy legal and regulatory developments. 2024 promises to continue with technology advances, making it a pivotal year for businesses navigating global data privacy and cybersecurity risks. Our Baker McKenzie Top 10 predictions for 2024 follow. As is evident, 2024 will be a critical year for global data privacy and cybersecurity. We welcome your thoughts and predictions. Please feel…
On August 9, Indiaâs Digital Personal Data Protection Bill, 2023 (âDPDP Billâ) passed both houses of the Indian Parliament and now awaits Presidential assent. In 2017, Indiaâs Supreme Court mandated that privacy is a fundamental human right. Since that time, India has been working to pass data protection legislation. The DPDP Bill is Indiaâs fifth draft of the bill. The DPDP Bill only applies to the processing of digital personal data in India, where the personal…
On 19 July 2023, the European Data Protection Board (EDPB) announced that it had adopted a statement on the European Commissionâs first review of the functioning of the adequacy decision for Japan during its 82nd plenary meeting. The context In January 2019 the European Commission adopted an adequacy decision in relation to transfers of personal data from the EU to businesses in Japan. The adequacy decision means that EU standard contractual clauses are not required…
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (âDPFâ). US companies that participate in the DPF will be deemed to provide âadequate protectionâ under Article 45 of the EU General Data Protection Regulation (âGDPRâ) for personal data transfers received from the European Union (âEUâ) and European Economic Area (âEEAâ). Why did the EC need to adopt the adequacy decision for the DPF? As we have previously written, the…
The US Office of the Director of National Intelligence (âODNIâ) announced today that it has fully implemented new safeguards under Executive Order 14086. See INTEL – ODNI Releases IC Procedures Implementing New Safeguards in Executive Order 14086. These steps clear the path for the European Commission to adopt the draft âadequacy decisionâ for cross-border data transfers pursuant to the EU-U.S. Data Privacy Framework. By way of brief background, in July 2020, the Court of Justice…
28 January 2023 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europeâs Convention 108. To mark Data Protection Day 2023, Baker McKenzieâs Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…
In March 2022, Baker McKenzie’s Data Privacy & Security Team across offices presented the Asia Pacific edition of Deciphering Data, the Firm’s webinar series that aims to help companies and organizations decode complex developments in data privacy and cybersecurity. Our diverse team of cross-border experts offered their expertise and insight in this webinar series to help you understand the legal lay of the land and prepare for the future of privacy in Asia Pacific and…
Friday 28 January 2022 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europeâs Convention 108. To mark Data Protection Day 2022, our Global Data Privacy and Security Team have provided a roundup of key trends and developments across the globe from a data protection perspective as well as looking ahead to what to expect in 2022. There are new laws and developments to keep…