Joris Deene
Yes, but... The installation of a geolocation system in a company car is in principle permissible when it is within the pursuit of a legitimate interest of the employer. This confirmed the...
Can I distribute images manipulated by AI?
The meteoric rise of generative AI tools such as DALL-E, Midjourney and Stable Diffusion has made it child's play to generate or manipulate images based on text commands. But may you use these images...
No fair use in U.S. copyright for training an AI model?
On Feb. 11, 2025, the Delaware court ruled that using copyrighted material to train an AI model does not constitute "fair use" (Case 1:20-cv-00613, ECF 770). The crux of the case...
Could Hungary use facial recognition against Pride parade participants?
Hungary recently passed legislation banning Pride events and allowing the use of facial recognition technology (FRT) to identify and potentially fine participants. These measures...
Can an image created by generative AI be protected by copyright?
With the rise of generative AI, we are increasingly getting asked whether images generated by AI can be protected by copyright. The rule is that only human creativity, as expressed in...
Are there contract model clauses for purchasing AI?
Many companies choose to purchase AI systems from external suppliers, possibly with additional customization. In the context of the European AI Act, your supplier is then considered the...
Can a landlord ban pets?
A question we often receive is whether your landlord can ban pets (such as a dog or cat) in a rental home or apartment, and whether such a ban does not constitute a curtailment of the right to a private life of...
Are there guidelines for determining what constitutes a prohibited AI practice?
As of Feb. 2, 2025, the marketing or use of high-risk AI systems is prohibited (Sections 5 and 113 AI Act). Indeed, the AI Act classifies AI systems into different risk categories....
What does the federal coalition agreement say about digital?
Today, the new Belgian federal government team led by Prime Minister Bart De Wever took the oath of office before King Philip. Earlier, the federal coalition agreement was also announced. Which digital and data aspects...
What should lawyers consider when using AI?
AI applications are also increasingly being used within the legal profession. Accordingly, the Flemish Bar Association has published "guidelines" on the use of artificial intelligence in the...
How do I ensure that my organization becomes AI literate?
Both developers of AI systems and organizations using AI systems must ensure that their employees are "AI literate" as of Feb. 2, 2025. That means anyone working within or on behalf of...
Are American works of applied art also protected by copyright in Belgium?
On Oct. 24, 2024, the Court of Justice of the European Union (CJEU) issued an important judgment (C-227/23) in copyright law regarding the protection of (foreign) works of applied art within the...
Can a video game producer ban cheat software?
How far does copyright protection for video games extend? The Court of Justice had to rule on whether offering cheat software (being software that makes playing a video game easier...
May Meta collect and pass on data about my sexual orientation to advertisers?
On Oct. 4, 2024, the European Court of Justice issued an important ruling in the Schrems case (C-446/21), with far-reaching implications for the processing of sensitive personal data (such as sexual orientation) by...
Has the DSM Directive been correctly transposed in Belgium?
On Sept. 26, 2024, the Constitutional Court ruled on the validity of the Belgian transposition law of DSM Directive 2019/790 in a no less than 182-page judgment. The Constitutional Court ...
Can Fortnite also be fined in Belgium for unfair business practices aimed at children?
The Dutch Consumer & Market Authority (ACM) has imposed a penalty on Epic Games International, the developer of the game Fortnite, for unfair business practices targeting underage...
Does an AI regulator already exist in Belgium?
The (draft) AI Act requires each member state to designate a national artificial intelligence (A) supervisory authority. However, there is no consensus yet on whether it will be one or more...
Is there a FAQ for influencer marketing?
More and more people want to become an influencer on Instagram or Facebook and engage in influencer marketing. In a previous post, we reported on the Flemish Regulator's Content Creator Protocol for the...
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