In this episode of The Cyber Lawyer, we dive into the EU's newly unveiled draft Code of Practice for general-purpose AI models. This code, crafted by independent experts with insights from top AI providers, sets a groundbreaking framework for AI's ethical development and use across industries. Although still in draft form, the code establishes clear goals, practical measures, and key performance indicators to guide providers in creating AI models prioritising societal values and ethical standards. We’ll explore how this code aligns with the EU AI Act, offering a voluntary path for providers to demonstrate compliance and uphold best practices until official standards are established. Please tune in to discover how this initiative could shape the global AI landscape and what it means for the future of responsible AI innovation in Europe and beyond.

In this episode, we examine the intersection of artificial intelligence and the right to good administration—a fundamental right ensuring that public authorities treat individuals fairly and transparently. As AI systems become more embedded in government processes, from fraud detection to border control, issues of opacity, bias, and accountability arise. We'll explore what "good administration" means in an age where algorithms may drive decisions and examine case studies, like ETIAS, to illustrate the challenges of balancing efficiency with individual rights. Join us for an insightful discussion on the evolving responsibilities of public authorities in safeguarding fairness and transparency in AI-driven decisions.

In this episode, we dive into the emerging threats facing AI systems in medical diagnostics, particularly in computational pathology. As AI models become integral in supporting cancer diagnostics, adversarial attacks—subtle, malicious modifications to data—pose a significant risk, potentially leading to misdiagnoses. We'll explore why specific AI models, like CNNs, are vulnerable to these attacks while newer models, such as Vision Transformers (ViTs), show greater resilience. Join us to uncover how adversarial robustness could be a game-changer in making AI safer and more reliable for medical use.

In this episode, we explore groundbreaking insights into how emotions are conveyed through facial expressions and subtle shifts in facial colour. Recent studies reveal that colour changes in specific areas of the face, linked to variations in blood flow, can communicate emotions as effectively—if not more so—than traditional facial expressions. Join us as we discuss how these colour cues work, the implications for artificial intelligence in emotion recognition, and what this means for our understanding of human empathy and interaction. Discover how this novel approach could redefine fields from psychology to AI, where machines may one day interpret human emotions more nuance and accurately than ever before.

In this episode, we dive into the European Union's approach to consumer protection legislation and policy, focusing on three key documents illustrating the evolution and coordination of enforcement across member states. First, we look back to the 2006 Directive on the free movement of services within the internal market, which aimed to simplify cross-border service provision by reducing barriers for service providers. This directive laid the essential groundwork by defining the scope of services, setting up authorization conditions, and promoting administrative cooperation among EU countries.

Next, we explore the 2017 Regulation, which builds on this by establishing a structured framework for cooperation among national authorities tasked with consumer protection. This Regulation explicitly addresses the challenge of cross-border infringements. It enhances the powers of competent authorities through mutual assistance for investigative and enforcement purposes, ensuring more decisive collective action across the EU.

Finally, we highlight a European Commission publication detailing the Consumer Protection Cooperation Network. This report showcases the network's significant achievements, such as coordinated sweeps and alert mechanisms that monitor consumer protection issues and ensure timely responses to potential threats.

Join us as we discuss how these legislative pillars work together to build a safer, more integrated consumer market across Europe.

In today's episode, we're diving into a significant investigation into Temu, the popular online marketplace, which is now under scrutiny by consumer protection authorities across Europe. Leading the charge, the Netherlands Authority for Consumers and Markets, alongside other European agencies, has launched this investigation into what they suspect are deceptive business practices. The allegations against Temu include the use of fake discounts, pressure-selling tactics, and misleading reviews, along with a lack of transparency around return policies and contact details.

Authorities have given Temu a month to respond, asking for specific information on these practices as well as any potentially misleading environmental claims and the methods behind its product rankings. This effort underscores a push to enforce consumer protection standards for non-EU companies, ensuring fair competition within the European market.

Interestingly, this investigation is taking place alongside a separate probe by the European Commission under the Digital Services Act, which regulates online platforms in the EU. Today, we'll explore the implications of these parallel investigations and what they mean for e-commerce in Europe. Stay tuned for an insightful discussion!

In this episode, we’re diving into the transparency obligations under the EU’s AI Act for AI-generated content. We’ll explore how the Act requires clear disclosure for certain types of AI-created media, especially deepfakes and AI-generated news. While deepfakes must be marked as artificial, there’s an exception for news articles that have undergone human editorial review. We’ll also look at the growing commercial use of AI and why transparency about AI involvement is essential to avoid misleading consumers and potential legal risks, even if it's not always legally required. Please tune in to learn more about the evolving expectations for AI transparency and what it means for content creators and businesses alike.

In this episode, we’re unpacking the evolving legal responsibilities of online marketplaces regarding trademark law. We start with the landmark CJEU ruling in Louboutin v. Amazon, which changed how and when platforms can be held directly liable for third-party listings that infringe trademarks. From there, we dive into the Digital Services Act (DSA) and its implications, including new due diligence obligations and shifts in liability that require online intermediaries to take a more active role in preventing infringement. We’ll discuss how these developments have created a new legal landscape where online platforms may face significantly increased direct liability for trademark issues. Tune in as we explore what this means for the future of online marketplaces.

In today’s episode, we’re discussing the European Data Protection Board’s (EDPB) newly revised guidelines on the technical scope of Article 5(3) of the ePrivacy Directive. While nearly all EDPB members voted in favour—with just two abstentions—the guidelines are not without controversy. Designed to clarify the EDPB’s authority on this issue, the guidelines have faced criticism for lacking a solid justification of that authority and for falling short in addressing public consultation feedback. Our conversation will explore why some experts believe there could be grounds to challenge these guidelines and the importance of building a solid legal case if pursued. Stay tuned as we unpack the legal and regulatory implications!

In this episode, we're exploring the latest—and final—opinion from the Dutch Data Protection Authority (DPA) and the State Inspectorate for Digital Infrastructure (RDI) on how to oversee AI under the new AI Act. These recommendations to the Dutch government outline a proposed supervisory structure, covering everything from designating market surveillance authorities to setting up a national AI Board secretariat. We'll dive into the key points, including the need for close coordination across national authorities, robust information-sharing, and ensuring adequate resources. Join us as we unpack how the Netherlands is preparing for AI oversight in a way that prioritizes collaboration and transparency!