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Artificial intelligence (AI) is the hot topic of the moment. Interest in the use of AI systems is growing in both the private and public sectors. The motives are obvious: the hope is to increase the efficiency and speed of decision-making processes, save costs and achieve better results overall.

However, the regulation of AI is still in its early stages. At the end of 2023, the EU Parliament and Council agreed to adopt a regulation to regulate AI systems based on the proposal submitted by the Commission in 2021 (AI Act). It was formally adopted by the EU Parliament on 13 March 2024 and has yet to be adopted by the Council. The AI Regulation enters into force 20 days after its publication in the Official Journal of the EU and will be fully applicable - with some exceptions - 24 months after its entry into force. The AI Act is intended to ensure a reasonable balance between risk and innovation. The needs of citizens, SMEs and start-ups will be particularly taken into account and protected.

In light of the expected AI Act, potential challenges in relation to the procurement of AI systems shall be identified. Questions in the context of direct use of AI in a procurement procedure, e.g. in tenders or tender preparation with the help of AI, are explicitly not addressed.

The following considerations are a continuation in a series of BLOMSTEIN briefings addressing AI-related aspects of public procurement law, competition law, trade/direct investment (FDI) and ESG.

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This briefing is the first in a series on the Corporate Sustainability Due Diligence Directive (CSDDD) that BLOMSTEIN will be publishing over the coming weeks. We will address the key aspects that (in)directly affect businesses both within and outside the EU, explore its interplay with the existing legislation in Germany (LkSG) and examine interactions with other acts recently adopted EU legislation (e.g., EUDR and CSRD) which partially set overlapping obligations.

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Did you know that exporting lipstick under the wrong circumstances could get you in serious trouble? As innocent and trivial as they may seem, lipstick and many more so-called fast moving consumer goods (FMCG) are often covered by several export restrictions. As a result, the export of these goods may be subject to authorisation requirements or entirely restricted, with hefty fines and other sanctions associated with non-compliance. In this instalment of our briefing series on FMCG, we highlight how export control law applies to FMCG and what pitfalls you should be wary of.

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Earlier this year, the European Commission (Commission) adopted a delegated regulation introducing binding valuation information (BVI) decisions into EU customs legislation. These decisions will complement a proven system for issuing decisions relating to binding origin information (BOI) and binding tariff classification (BTI). The adopted text amends Delegated Regulation (EU) 2015/2446 by incorporating BVI decisions and rules for their management. Along the same lines, an amendment of Implementing Regulation (EU) 2015/2447 is set to follow and introduce electronic data-processing for both BOI and BVI decisions.

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As announced in January, BLOMSTEIN is publishing a series of briefings introducing into European and German legal defence matters. In our last briefing, we shared some insight into the Bundestag’s ominous requirement (and its legality) to separately approve any defence procurement with a volume above EUR 25 Mio.

Today’s topic concerns export controls on the defence and arms industry. They are a critical component of national and international security efforts. They involve strict legal frameworks and regulatory mechanisms to ensure that the export of certain goods remains in line with the interests of the nations from which the goods originate. This overview provides an insight into the basic components of the legal framework established in Germany.

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time on: Real-time access to gatekeeper data for business users under Article 6(10) DMA.

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: Regulators’ attempts to tame digital markets worldwide in the wake of DMA.

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: access to data and services

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: interoperability, portability and switching.

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Since March 7th, all core platform services that the European Commission has designated as gatekeepers under the Digital Markets Act (DMA) so far, must comply with the DMA’s obligations and had to submit comprehensive compliance reports. In these reports, they must show in a detailed and transparent manner all relevant information needed by the European Commission to assess the gatekeeper’s effective compliance with the DMA.

In our series of briefings, we recap the key milestones of the DMA implementation, deep dive into the various obligations that gatekeepers are facing, lay out the DMA’s implications for stakeholders who are not (currently) within the direct scope of the legislation and update you on the current status of affairs in the DMA’s implementation.

This time we focus on: self-preferencing under the DMA.

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