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In this episode, Tom Maasland, a partner in MinterEllisonRuddWatts’ Technology team, talks to two solicitors from his team, Thomas Anderson and Luke Han, about new and upcoming EU legislation around AI and digital services, and the potential impacts that it might have on New Zealand businesses.
[00:30] Tom begins by outlining the four key pieces of EU legislation, noting in particular the long extra-territorial reach that they may have over New Zealand tech businesses
[02:20] Thomas discusses the nature of the EU’s Digital Services Act 2022 (DSA) and considers which New Zealand businesses may be caught under it and the potential implications are of breaching it.
[05:32] Tom and Thomas then briefly touch on the Digital Markets Act 2022 (DMA) and how it differs from the DSA, noting its main aim of promoting fair and open markets within the digital sector by regulating key “gatekeepers” within the industry.
[07:50] Tom and Luke then discuss the status of some of the EU’s AI regulations, canvasing both the EU AI Act and the complimentary AI Liability Directive. They consider the potential extraterritorial reach of the EU AI Act, how it categorises AI products by degrees of risk and the significant fines and penalties that may be imposed if there is a breach.
[10:26] They lastly talk about the proposed AI Liability Directive and how it will make it easier for consumers to bring claims for harm caused by AI products and services.

Information in this episode is accurate as at the date of recording, 8 April 2024.

Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.

For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Tom Maasland, a partner in MinterEllisonRuddWatts’ Technology team, talks to Simon Bridges, in his capacity as CEO of the Auckland Business Chamber, about the recently released report from the Auckland Tech Council, suggesting that three tech sectors can transform Auckland into a Global Tech Hub.

Simon Bridges is a former lawyer, former National MP for Tauranga, was Leader of the Opposition, and a senior cabinet minister in John Key’s National-led government. As part of Cabinet, Simon held several ministerial portfolios including Energy, Transport, Communications, Economic Development and Leader of the House.

More recently, since leaving the world of politics, Simon is CEO of the Auckland Business Chamber, whilst also sitting on a number of company boards, including most recently his appointment as Chair of New Zealand Transport Authority / Waka Kotahi. It’s in his capacity as CEO of the Auckland Business Chamber that Simon is interviewed for this podcast.

[01:34] Tom and Simon talk about how the report sets out an ambitious plan to move Auckland from the tech hub that it already is, into a Global Tech Hub and what motivated this idea.

[03:14] They then discuss the pathway that is needed for Auckland to achieve this ambition. Simon touches on the need for an intentional and focused approach, rather than a scatter-gun approach. [06:23] He notes the three Tech sectors identified in the report that Auckland should focus on and develop further: CreativeTech, FinTech and HealthTech.

[06:42] Simon talks about the specific opportunities and challenges for Auckland in becoming a global CreativeTech hub. He outlines various steps in a five year plan the Auckland Tech Council has proposed to achieve this.

[11:05] They then focus in on FinTech; looking into its particular pathway and the exciting role it has to play in achieving the goal of Auckland becoming a Global Tech Hub. Simon notes that collaboration between public and private sectors will be essential.

[15:50] Tom and Simon lastly delve into the fascinating part HealthTech will play in this ambition, and how to actively foster its enterprises and growth in Auckland.

[20:50] They round off the podcast considering what types of infrastructure are needed to be invested in further for the ambition to be met.

Information in this episode is accurate as at the date of recording, 19 March 2024.

Please contact Tom Maasland in or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.

Resources

Auckland's path to becoming a Global Tech Hub

For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Partner Richard Wells and Senior Associate Shona Foster delve into the intricacies of navigating standard terms and unfair contract terms in the technology sector, if you are presented with what you think could be an unfair contract term in a small trade contract. They explore the legal landscape surrounding these issues, discussing the implications of recent legislative changes and enforcement mechanisms by the Commerce Commission, and how this might impact on the way you approach these clauses. Should you just accept them in the hope that they won’t be enforceable, or should you try to negotiate them? Through insightful analysis and practical examples, they offer guidance on identifying, negotiating, and addressing potential unfair contract terms, empowering businesses to make informed decisions and effectively manage legal risks in their contracts.

[00:00 - 03:34] Richard and Shona start off by giving a recap of the previous episode's discussion on standard form small trade contracts and the unfair contract terms regime. They then give an overview of how the Fair Trading Amendment Act 2021 in New Zealand has impacted on standard form small trade contracts.

[3:35 - 7:02] They discuss the recent history and context of the legislation surrounding unfair contract terms for small trade contracts in New Zealand. The pair highlight the differentiation from consumer contracts and grocery supply contracts, which are not discussed in this podcast. They provide an overview of how the enforcement regime works, explaining the role of the Commerce Commission.

[7:03 - 10:59] Richard and Shona explain the need to think about whether the clauses could be exempt from being considered unfair contract terms. They move into the decision making process when encountering potential unfair terms. They then weigh up the benefits and risks of accepting standard form contracts without negotiation.

[11:00 - 4:49] They explore negotiation strategies and the implications for the contract's enforceability. They then outline considerations for businesses in deciding whether to negotiate, accept, or walk away from a standard form contract. Richard then gives insight into the challenges and uncertainties associated with pursuing legal remedies in New Zealand.

[14:50 - 20:48] The two examine the outcomes and implications of negotiation attempts with suppliers. Lastly, they discuss the potential evolution of New Zealand's approach to unfair contracts, drawing comparisons to the Australian model.

Information in this episode is accurate as at the date of recording, 12 March 2024.

Please contact Richard or Shona or any of our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.

For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Partner Chris Young is joined by Senior Associate Briar Richardson to discuss intellectual property in the context of the rapidly evolving landscape of generative artificial intelligence (AI). They discuss the absence of AI specific IP legislation in New Zealand and outline existing copyright and patent laws and how these laws may impact use of generative AI. Touching on current legal cases including Getty Images in the UK and GitHub Copilot in the US, the episode outlines jurisdictional challenges and some of the key legal issues before the Courts. The conversation extends to some business risks associated with generative AI and provides practical precautions for organisations.

[00:00:34 - 00:01:20] Understanding AI and IP laws

Chris and Briar outline the rapid adoption of AI across business areas, the lack of specific AI legislation in New Zealand and that existing copyright and patent laws apply. Chris mentions by way of analogy historic lags between tech developments and IP law, and past challenges in copyright law.

[00:01:20 - 00:03:52] Copyright considerations in generative AI

They touch on the EU's recent legislation on AI, categorising AI models based on risk levels. They explore the current reliance on existing IP laws in New Zealand, with a focus on copyright and patent laws. Chris emphasises the relevance and interdependence of local and overseas IP laws for New Zealand businesses. They discuss as examples copyright laws in the UK as a reference point for New Zealand and the base criteria for copyright subsistence, ownership, and potential infringements.

[00:03:52 - 00:09:58] International jurisdiction and infringement

They discuss jurisdictional issues and frameworks for copyright law, and its national treatment. Chris discusses the Getty Images case as an example of a case highlighting jurisdictional challenges. They outline contrasting copyright laws in the US with New Zealand and the UK. They also discuss issues for businesses using AI currently demonstrated by, cases like the GitHub Copilot case, and the impact of open-source software licensing on AI.

[00:09:58 - 00:16:26] Business risks

Chris then summarises some business risks from generative AI, including potential copyright infringement claims and risks from inadvertently incorporating open source or Creative Commons terms.

[00:16:26 - 00:21:52] Implications and precautions

Lastly, they highlight the importance of understanding AI technology's legal implications and risks. They then talk about Microsoft's indemnity commitments and discuss its realistic effectiveness. They discuss some precautions organisations can take to try to reduce risk including assessing terms, checking ownership of content in AI models, and keeping records. They recommend a previous episode of Tech Suite on AI risks and opportunities which takes a deeper look at this topic.

Information in this episode is accurate as at the date of recording, 5 March 2024.

Please contact Chris or Briar if you need legal advice and guidance on any of the topics discussed in the episode.

For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Richard Wells, a Partner in MinterEllisonRuddWatts’ technology team, talks to Shona Foster, a Senior Associate in the same team, about the interaction between standard form small trade contracts and the unfair contract terms regime, with a focus on the use of such contracts by tech companies and online businesses.

[1:22] Richard and Shona start off by giving a brief overview of the unfair contract terms (UCT) regime itself. They cover what it is, and when and where it applies, especially in the context of companies doing business in New Zealand. They also discuss why standard form contracts might be used.

[2:10] They then move on to discuss what are the elements of an unfair term: what is the statutory “test” that might make a term in a contract unfair? Richard and Shona explore the three limbs to this test, focusing on the challenge of protecting a legitimate interest without creating a term that is “unfair”.

[3:20] Richard and Shona explore the test in the context of actual contract terms, discussing the “grey list” of types of clauses likely to be considered unfair terms and what these might look like in practice.

[5:40] The two discuss the management of risk, in light of what they describe as a paradigm shift towards standard form contracts that are now more balanced between parties. They also look at some key contractual termsand touch on what might be a fair scenario for those terms.

[8:30] Richard and Shona explore the topic of the apportioning of liability while complying with the UCT regime – noting that this is a particularly complex area.
[11:00] Finally, they look at international vendors, and how the consideration of the UCT regime in New Zealand may require them to make changes to how they deal with New Zealand businesses. They also set the scene for a further podcast looking at this issue from a business customer’s perspective: what are your options when presented with a standard form contract that contains terms you think are likely to be UCTs.

Information in this episode is accurate as at the date of recording, 20 February 2024.

Please contact Richard or Shona or any of our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

Please get in touch to receive an episode transcript. Please don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also sign up to receive technology updates via your inbox here.

For show notes and additional resources visit minterellison.co.nz/podcasts