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Token Sale to Private Purchasers – Can the Issuer Freely Choose the Applicable Law for the Token Terms?
In the context of public offerings of token sales designed in accordance with MiCAR, all purchasers should have the same rights. In the case of private investors, however, consumer protection may vary in individual cases due to the Rome-I-Regulation. Is the corrective measure of the Rome-I-Regulation for public offerings of financial instruments also applicable to token sales?
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AI Compliance in Companies (Part II) – When Does an AI Model Fall Within the Scope of the GDPR?
AI compliance in companies: When are AI models subject to the GDPR, and what challenges arise when complying with data protection regulations?
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Descoping MiCAR – Are NFTs the Last Stronghold of the Unregulated Crypto Market?
NFTs fall outside the scope of MiCAR, thus offering plenty of scope for innovative business models. But what specific use cases does the technology offer besides tokenized image usage rights, and when is an NFT actually unregulated?
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Descoping MiCAR – When Does the Scope Exemption for Financial Instruments Apply?
MiCAR is not supposed to apply to tokens that can be classified as financial instruments within the meaning of MiFID regulation. But to which crypto assets does this exemption apply exactly? ESMA has commented on this. The principle of “in dubio pro MiFID2” applies.
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AI Compliance in Companies (Part I) – Why and How Should Employees Be Trained?
From hype to obligation: To implement successful AI projects, companies must train their employees in the use of AI systems – but how can a company ensure that its employees have the necessary AI literacy?
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The Future of Programming: Vibecoding with Artificial Intelligence
Faster code thanks to AI, but on unstable legal ground? How legal risks and security gaps can be mitigated.
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MiCAR Transition – What are BaFin’s Obligations towards CASPs under MiCAR Grandfathering?
Grandfathering is not entirely uniform in MiCAR, but leaves member states leeway in determining the maximum duration of transition periods. EU member states have made extensive use of this, which can cause problems for CASPs operating across the EU.
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Offering AI Investment Tools: A Regulated Activity?
As AI-based investment tools become more and more popular, the question of their regulatory classification arises. What is the current legal situation and what are the consequences for providers?
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Issuance of Stablecoins with a Value of up to EUR 5 Million – What Advantages Does MiCAR Offer Small ART Issuers?
The issuance of stablecoins is strictly regulated under MiCAR by the provisions on Asset-Referenced Tokens. However, there are exemptions, in particular for issuances not exceeding the equivalent of EUR 5 million. How far-reaching are the exemptions for such issuances?
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Qualified Crypto Custody – Are NFTs Regulated as Cryptographic Instruments in Germany?
Since the beginning of the year, crypto custody has been regulated by MiCAR, and the German regulation of crypto custodians according to the KWG has been replaced. However, a small sub-area remains at the national level and in individual cases this can affect NFT.
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DORA in Action: What are Critical or Important Functions and Why Does It Matter?
DORA aims to minimize risks from digital transformation, but implementing its complex requirements remains a hurdle for many financial enitites. Further interpretation guidance and practical tools are urgently needed.
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News on Financial Entities as ICT Third-Party Service Providers and on Subcontracting under DORA
The current draft of the lacking regulatory technical standards (RTS) for DORA still contains some ambiguities, particularly regarding the classification of financial entities as ICT third-party service providers. EIOPA has now issued interpretation notes to reduce these ambiguities. There has also been movement on the subject of RTS for subcontracting. An overview.