Publications for Technology Law Committee

Unlocking potential: legal and regulatory dynamics in Pakistan's digital health industry

Pakistan's healthcare landscape is undergoing a transformative shift propelled by the burgeoning digital health sector. With the advent of innovative technology and an increasing desire for effective healthcare solutions, the nation is witnessing the rise of digital platforms, telemedicine services and health information systems. Despite this positive progress, the sector faces some legal and regulatory challenges.

Released on May 3, 2024

Navigating the fintech landscape in Pakistan: legal framework, opportunities and challenges

The financial industry in Pakistan is rapidly evolving, offering a plethora of opportunities while also posing distinct problems. This expansion is fuelled mostly by technical improvements, a young and tech-savvy population and a favourable regulatory framework. However, the legal landscape surrounding fintech in Pakistan is complex, with various regulatory bodies and legal instruments. This article examines the legal framework, prospects and obstacles in Pakistan’s fintech sector, including legislative analysis and examples of emerging technologies.

Released on Mar 7, 2024

New regulations for marketplaces and other digital platforms: latest updates in Argentina, Brazil and Mexico

This article reviews the latest legal updates regarding regulation and scrutiny of marketplaces and other digital platforms operations in Argentina, Brazil and Mexico from an antitrust, data privacy and consumer protection standpoint, and their relationship with recent European regulations such as the Digital Services Act (DSA) and the Digital Markets Act (DMA).

Released on Feb 26, 2024

Media and telecommunications framework in Pakistan

Media and telecommunications in Pakistan are governed by specific Pakistani laws and regulations which set the standards, licencing procedures and data protection measures. This article examines the legal structure governing these areas, highlighting important rules and laws.

Released on Feb 6, 2024

Pioneering Pakistan’s Technological Ascent: A Comprehensive Analysis of the 5G Deployment Landscape

Pakistan, a country rich in cultural diversity and history, is leading the way in the rollout of 5G networks, a technological revolution, particularly for the Global South. With the world striving for technological superiority, Pakistan is preparing to become one of the countries providing the next wave of connectivity. This article examines the current regulatory frameworks, recent policy announcements and the role of financial institutions in facilitating this revolutionary transition. It also delves into the intricate details of the legal, financial and strategic aspects surrounding the introduction of 5G in Pakistan.

Released on Jan 9, 2024

Digital Services Act & Digital Markets Act: Europe regulates big digital platforms

This article reviews the recent European Union regulations, namely the Digital Services Act and the Digital Markets Act which regulate digital platforms with operations in Europe, from different perspectives. Likewise, the article revises some regulatory projects in Brazil and the United States, before turning to Argentina, where the regulation of the intermediaries’ responsibility is an issue of current relevance. Due to the lack of an ex-ante regulation regarding these topics, this article goes over some of the cases treated with consumer protection regulations as well as with antitrust law and data privacy provisions.

Released on Jan 9, 2024

Facilitating IoT Ecosystem: Pakistan’s Comprehensive Regulatory Framework

The Internet of Things (IoT) is a network of interconnected devices and the technology that enables communication between devices and the cloud, as well as between devices themselves. The rapid progress of technology has facilitated the emergence of the IoT. The Pakistan Telecommunication Authority (PTA) has demonstrated a proactive approach in acknowledging the potential of the IoT sector. In order to foster innovation and adhere to global benchmarks, the PTA has developed a regulatory framework for Short Range Devices (SRD) and terrestrial IoT services to facilitate the establishment of a flourishing IoT ecosystem within Pakistan.

Released on Nov 15, 2023

Fortifying cybersecurity: Pakistan’s CERT Rules 2023 and their implications

In an increasingly interconnected world, digital infrastructure protection is crucial not only for individuals and organisations, but also for nations as a whole. Recognising the critical need for protecting its digital borders, Pakistan has made an admirable step forward by passing the Computer Emergency Response Team (CERT) Rules, 2023 (‘CERT Rules 2023’). While this legislative framework appears technical, it has far-reaching legal ramifications that go beyond its technical components.

Released on Nov 7, 2023

Cryptocurrency can be ‘property’ under Hong Kong law – and yet it may not be

This article provides one of the key case law updates in Hong Kong with respect to cryptocurrency. While the market sentiment is generally optimistic about the judicial recognition of cryptocurrency, the author would like to remind readers to watch out for overhype.

Released on Nov 7, 2023

The right to be forgotten in Pakistan

This article shall discuss the fundamental rights to privacy as enshrined in the Constitution of Pakistan 1973 and the legal mechanisms to maintain privacy through the erasure of personal data as provided in the Personal Data Protection Bill 2023.

Released on Aug 22, 2023

The legal landscape for fintech in Pakistan

In recent years, Pakistan has experienced rapid growth and innovation in fintech, reshaping the landscape of financial services within the country. This article aims to discuss the regulatory framework governing fintech in Pakistan.

Released on Jul 18, 2023

Pakistan’s Draft National AI Policy: fostering responsible adoption and economic transformation

In May 2023, Pakistan’s Ministry of IT & Telecom introduced a Draft National AI Policy (Policy) as part of its Digital Pakistan vision. This article explores the Draft National AI Policy, highlighting its objectives, targets, implementation framework, and the significance of addressing ethical considerations.

Released on Jul 6, 2023

AI: brief global regulatory summary, trends and the Argentine status

In recent months, the development of artificial intelligence (AI) systems – with Chat GPT as its representative icon – marked a significant milestone due to its unsuspected advances from less than a year ago and the exponential growth of its use. This has resulted in global reactions from governments, academics and, as far as lawyers are concerned, a sort of legislative rally in attempting to regulate it.

Released on Jul 6, 2023

E-pharmacies and the law: an uneasy balance

The pharmaceutical supply chain in India has traditionally relied on small neighbourhood pharmacies for last-mile distribution. Such pharmacies have proliferated to the point where there is often one on each street, and several within a square mile, in every city. Access to brick-and-mortar pharmacies has therefore generally not been a problem in India, at least in most urban areas, and the industry has prospered over the years.

Released on Jul 6, 2023

DORA: how to strengthen financial entities’ digital operational resilience

Operational risks in the financial sector are traditionally addressed by enhancing financial resilience through capital adequacy requirements or prudential oversight. Given the increased digitalisation and interconnectedness of financial institutions, the European Union has created a regulatory framework which is essentially aimed at preventing and mitigating ICT-related incidents and cyber threats via targeted rules on ICT risk management capabilities, reporting and testing and third-party risk monitoring.

Released on Jul 6, 2023

The employability of artificial intelligence in the legal sector: should robots aid or call the shots?

Artificial intelligence (AI) has started to become established in major legal sectors worldwide. However, risks of algorithmic biases remain real concerns, particularly for the global legal sector. This article explains the most evolved use-cases of AI in the legal sectors, associated risks and the contemporary global deliberations concerning statutory regulation of AI across significant jurisdictions, suggesting the necessity of human intervention in handling the complexities of such systems.

Released on Jul 6, 2023

AR and VR devices in the healthcare business: legal and ethical challenges

The recent announcement made by Apple regarding the upcoming release of their new mixed reality headset, known as Apple Vision Pro, has sparked high expectations for its potential applications in healthcare. However, alongside these expectations, legal and ethical concerns have emerged. The fundamental question revolves around the potential benefits of augmented reality and virtual reality devices in the healthcare sector and their impact on critical areas such as privacy, security, and ethics.

Released on Jul 6, 2023

Slouching towards oversight - artificial intelligence and the law

This article analyses legal and ethical issues which have come about in the wake of recent developments in the artificial intelligence (AI) market. It also contrasts India’s regulatory position on AI with regulatory frameworks in jurisdictions such as Australia, China, the European Union, Japan, Singapore, the United Kingdom and the United States.

Released on Jun 20, 2023

The legal landscape for privacy and surveillance in Pakistan

With exponentially increasing technological advancements, the state’s role in security-related surveillance has transformed significantly so far in the 21st century. However, this expansion of surveillance practices has raised concerns about the fundamental and constitutional rights to free speech and privacy, undemocratic practices and the erosion of public trust. This article examines the evolving legal landscape for surveillance in Pakistan, focusing on the relationship between state activities, data governance and public trust.

Released on Jun 20, 2023

Outsourcing IT services in the financial sector: Pakistan’s regulatory landscape

There has been an increase in financial institutions outsourcing their technological services to cloud service providers (CSPs) for various reasons, such as a lack of internal IT expertise and cost reduction. However, these institutions are exposed to potential cloud transaction risks, such as legal, technology and firm risks.

Released on Jun 15, 2023

AI-generated works: an IP headache?

The use of generative AI models, such as Midjourney, raises new and untested copyright issues. The World Intellectual Property Organization (WIPO) has identified numerous issues relating to copyright and AI, which warrant discussion. This article addresses a few of the issues in respect of establishing copyright protection in the UK for AI-generated works under section 9.3 of the Copyright, Designs and Patents Act.

Released on Jun 1, 2023

Technology disputes in Australia 2022–23: emerging trends and managing risk

The dynamic nature of the digital environment with its lack of transparency and market complexity continues to challenge regulators, often making it difficult to detect issues and take enforcement action to deal with unfair trade practices, anti-competitive conduct and privacy and cybersecurity breaches.

Released on Jun 1, 2023

AI in Pakistani courts of law

A judge in a Pakistani court recently employed GPT-4, Open AI’s most advanced chatbot, to help render a judgment in a case. This decision sparked widespread debate regarding AI’s capabilities and the possibility of it replacing legal professionals, including judges. This article explores each aspect of the debate, as well as discussing the potential shortcomings and detriments of AI in a court of law.

Released on Jun 1, 2023

Navigating user-generated content, defamation and the struggle for free speech in Pakistan

This article delves into the laws, regulations and issues associated with defamation claims arising out of user-generated content (UGC) and discusses how these laws affect the freedom of speech and expression in Pakistan.

Released on May 3, 2023

Australian privacy law reforms – how will they impact you?

Major reforms are proposed to Australian privacy and data protection laws to align the laws with global standards and enhance protection. Businesses will have to start planning for the privacy law changes which are likely to be implemented within the next 12 to 18 months. This article provides an overview of the key proposed reforms and includes some steps businesses can take to get ready for the changes.

Released on May 3, 2023

An overview of the regulatory landscape and obstacles surrounding the e-commerce industry in Pakistan

The e-commerce industry has seen a sharp rise in recent years, largely due to global digitisation of economies with rampant adoption and development of technology. A further boost was provided to the industry by the Covid-19 pandemic as the world resorted to online shopping to acquire even the basic necessities.

Released on May 3, 2023

The developing cybersecurity framework in Pakistan

It is imperative for Pakistan to formulate a comprehensive cybersecurity framework in line with the global practices, which also addresses data privacy and protection. It currently has no comprehensive legislation governing cybersecurity and the law can only be found in fragments under various legislations. A major recent development, however, has been the National Cyber Security Policy 2021, introduced by the Ministry of Information and Technology and approved by the parliament.

Released on Mar 27, 2023

The EU’s draft regulation on artificial intelligence (part 2)

The second part of this analysis focuses on the high-risk AI systems, their scope and the requirements prescribed by the EU’s draft AI Act. It also pinpoints several important challenges that need to be addressed and issues to be resolved in the final version of the text.

Released on Dec 13, 2021

For how much longer can companies continue to hold remote meetings?

The Covid-19 pandemic has undoubtedly affected almost every area of law. Corporate law is no exception. Aligned with the measures adopted to reduce the impact of the Covid-19 pandemic, the City of Buenos Aires Public Registry of Commerce (Inspección General de Justicia (IGJ)) eased the regulation relating to the promotion of virtual meetings, even for companies which were not authorised by their by-laws to hold meetings remotely.

Released on Dec 13, 2021

Artificial intelligence in criminal justice: invasion or revolution?

From Homer’s Iliad to 20th century science fiction movies, through Da Vinci’s humanoid robot, artificial intelligence (AI) has been a subject of humankind’s dreams for centuries. Although the notion of AI has started as a fantasy, sometimes even dystopian, like Spielberg’s film Minority Report which depicts a worrying future of advanced technologies in law enforcement, AI is now a reality in daily life, and has shifted human lifestyles. Cars, phones and even healthcare are just some examples of sectors which AI has penetrated. Considered as a branch of computer sciences, AI refers to the building of ‘smart’ machines, able to perform human tasks by mimicking human attributes, intelligence, and reasoning, but without direct human intervention.

Released on Dec 13, 2021