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In this edition of Inside Tech, the month is marked by regulatory developments and key court rulings on artificial intelligence, data protection and intellectual property.
In Spain, a new regulation is being promoted to curb the impact of deepfakes on the rights to honour and self-image, while the AEPD warns about the risks generated by the use of real images in generative AI systems. Also noteworthy is the approval in Galicia of a pioneering framework restricting minors' access to energy drinks, reinforcing the protection of public health.
At the European level, the High Court of Hamburg strengthens the technical opt-out in data mining and the EUIPO delimits the use of famous authors' names as distinctive signs, reinforcing the separation between trademarks and copyright. At the national level, the Madrid Provincial Court clarifies the limits of intellectual property in telescopic formats.
We complete this edition with an analysis of the European Commission's new FAQs on the Data Act, which clarify obligations and rights in the access and use of data from connected products.
We analyse two recent regulatory developments: the legal reform in Spain to reinforce the protection of honour against deepfakes and manipulations with AI, and the new Galician regulation limiting access to and promotion of energy drinks among minors, with potential impact in other territories.
Key points of the legal reform promoted in Spain to reinforce the protection of honour, privacy and self-image against the use of deepfakes and other manipulations generated by AI, delimiting its impact on the civil sphere and on the protection of fundamental rights.
Keys to the new legal framework approved in Galicia to limit access, consumption and possession of energy drinks by minors, establishing a regime aimed at protecting public health and preventing addictive behaviour.
It brings together key recent rulings on intellectual property and technology, addressing everything from the use of protected works for AI training to the boundaries between trademarks, copyright and the exploitation of audiovisual content.
Key points of the decision of the Hamburg Regional Court upholding the automated collection and analysis of protected works for the creation of datasets for the training of AI systems, delimiting the scope of text and data mining exceptions and reinforcing the European model of machine-readable technical opt-out.
Key points of the decision of the Grand Board of Appeal of the EUIPO that reinforces the separation between trademark and copyright law by restricting the use of famous authors' names as distinctive signs in the cultural, publishing and educational sectors.
The Madrid Provincial Court delimits the scope of intellectual property protection in television formats, clarifying when a programme lacks protectable originality and when a presenter cannot be considered an author or performer for the purposes of participation in the economic exploitation of the content.
We review key developments at the intersection of technology and regulation, from the legal risks of the use of images by generative AI to the European Commission's clarifications on the practical application of the Data Regulation.
This AEPD note outlines the main risks posed by the use of third-party images and videos in AI systems, highlighting how generative AI amplifies their impact and affects rights such as image, privacy and honour, beyond the traditional data protection framework.
Keys to the FAQs published by the European Commission on the Data Act, clarifying their practical application and delineating the rights and obligations regarding access, use and sharing of data generated by connected products and related services, in interaction with the GDPR and the European data governance framework.
The French authority concludes that the transmission of data from a loyalty programme to a social network for targeted advertising violated the GDPR principles of lawfulness, transparency and security.
Mercy, directed by Timur Bekmambetov, is a science fiction thriller that explores the progressive incorporation of artificial intelligence into justice systems and its legal implications.
The film reflects on how algorithmic models can redefine key concepts such as proof, guilt and responsibility, focusing on the opacity and structural dependence of these technologies.
Far from a dystopian approach, it raises the need to review legal institutions before AI consolidates practices that are difficult to reverse, which makes it a particularly relevant work from a legal perspective.
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