The Cyber Lawyer

EU consumer law is evolving to tackle digital challenges. Key highlights of this podcast from The Cyber Lawyer include: Rising Consumer Detriment: Online purchase issues have led to €7.9 billion in financial losses in 2023, up from €3.9 billion in 2016. Geo-blocking Progress: Regulation has boosted cross-border e-commerce but delivery and content access barriers persist. Proposed Consumer Rights:...

In this episode, we dive deep into the evolving relationship between artificial intelligence and organized crime. AI is reshaping how law enforcement combats criminal networks, offering tools like predictive policing, biometric identification, and advanced data analysis. However, the same technology is also fueling illicit activities—criminal organizations are leveraging AI to conduct financial fr...

In this episode of The Cyber Lawyer, we dive into the rapidly evolving intersection of artificial intelligence and criminal activity. We explore how AI is being harnessed to combat crime, with a focus on its role in forensic science, crime prevention, and anti-money laundering efforts within the banking sector. But we also tackle the darker side, where AI is exploited to create and distribute chil...

In this episode of The Cyber Lawyer Podcast, we examine the global dynamics of AI regulation, focusing on the UK, EU, and US. Discover the implications of a UK-based AI organization accused of lobbying US policymakers without complying with the Foreign Agents Registration Act (FARA). We also explore the contrasting regulatory approaches of the EU AI Act and the proposed UK AI Bill, highlighting th...

This episode of The Cyber Lawyer Podcast unpacks the transformative impact of the EU AI Act and AI Liability Directive. We explore the risk-based approach of the AI Act, including strict requirements for high-risk applications and the regulation of general-purpose AI models. Dive into the modernized product liability framework that now includes AI systems, software, and digital services, introduci...

In this episode of The Cyber Lawyer Podcast, we unpack the legal and regulatory challenges of "pay or consent" models in online advertising. Are they compliant with GDPR and ePrivacy regulations? Explore the European Data Protection Board's guidance on "strictly necessary" data processing and the use of legitimate interest as a basis for targeted ads. We also examine findings from a significant st...

In this episode of The Cyber Lawyer Podcast , we delve into the U.S. Department of Justice’s landmark antitrust case against Google. Focusing on the proposed final judgment and its wide-ranging implications, we explore the remedies aimed at curbing Google’s dominance in the search market and fostering fair competition in the digital economy. Key Topics Covered : The Case Against Google : Understan...

In this episode of The Cyber Lawyer Podcast , we explore the complex intersection of Generative AI and the General Data Protection Regulation (GDPR). With insights from recent reports and academic perspectives, we examine how legal frameworks designed for traditional data processing adapt—or struggle to adapt—to the unique challenges posed by large language models (LLMs). Key Topics Covered : Chal...

In this episode of The Cyber Lawyer Podcast , we dive deep into the global regulatory landscape as governments take aim at dark patterns and unfair trading practices. With a focus on recent developments in India, Australia, and Hungary, we explore how regulators are tackling the challenges posed by manipulative digital practices, misinformation, and unfair consumer interactions. Key Topics Covered...

In this episode of The Cyber Lawyer, we dive deep into the world of deceptive design—the often invisible tactics tech companies use to manipulate users. We explore dark patterns and how they shape our online behaviors, from influencing purchases to extending screen time through features like infinite scrolling and autoplay. Our discussion includes real-world examples, such as the manipulative use...

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...

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" me...

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...

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...

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 f...

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...

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 g...

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 diligen...

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...

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 Boa...

In today’s episode, we’re diving into the world of the Metaverse and how Meta’s ambitious vision might clash with Europe’s strict data protection laws, specifically the GDPR. With virtual and augmented reality technology, Meta is gathering unprecedented amounts of sensitive user data—everything from biometrics, like how we move, to even the tiniest facial expressions and eye movements. But here’s...

Welcome to Transparency in the Digital Age, where we unpack the latest developments in online platform regulation under the European Union's Digital Services Act (DSA). In this episode, we dive into the recently published guidelines that detail how online platforms, including very large platforms and search engines, can meet the DSA’s transparency reporting requirements. We'll explore what these r...

Join us on The Cyber Lawyer this week to explore the EU’s Data Governance Act. We unpack the Act’s practical implications, like creating a register for data altruism organizations and the requirements for ethical data sharing. Discover key terms and the role of the European Data Innovation Board as we delve into the Act's scope and purpose. Please tune in to learn about the legal and ethical frame...

In this episode, we explore the complexities of managing risk in the development of digital technologies. As digital tools continue to reshape society, regulators face the challenge of mitigating potential harms proactively. We discuss the limitations of rationality-based regulation and examine a precautionary approach that prioritizes prevention even before definitive evidence of risk arises. Del...

This episode unpacks the intricate debate over regulating cyberspace. Should we regulate the digital realm, or is it truly ungovernable? We explore two contrasting ideologies—cyberlibertarianism, which champions a hands-off approach, and cyber-paternalism, which advocates for intervention to protect users and society. We delve into the unique challenges of applying physical-world laws to the virtu...