Publications for Technology Law Committee
Improving Pakistan’s cybersecurity architecture using US and UK insights
This article explores the cybersecurity environment in Pakistan by scrutinising the current legal framework, highlighting deficiencies and suggesting improvements to tackle new threats. While an important piece of legislation, the Prevention of Electronic Crimes Act (PECA) 2016 doesn’t adequately handle modern issues like incident response, data protection and rising cyber threats. The article emphasises the need for a comprehensive data protection law, a specialised cybersecurity agency and improved international collaboration by benchmarking against the cybersecurity frameworks of the US and the UK. A multifaceted strategy combining technology, public awareness and regulation is necessary to secure Pakistan’s online presence.
Released on Nov 6, 2024
The protection of intellectual property rights in Pakistan
In Pakistan, intellectual property rights (IPRs) are safeguarded through a legal system which aims to protect and advance innovation, investment and creativity. Patents, trademarks, copyrights and industrial designs are some of the domains covered by the Pakistani IPRs regime. This article will highlight the methods of protection in terms of IPRs in Pakistan and will discuss the procedures relating to disputes related to the infringement of such rights.
Released on Sep 11, 2024
Updated: An overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban on cryptocurrency usage or trading, the regulatory regime remains in a state of flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating the risks, such as foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Sep 11, 2024
Legal framework for cloud services procurement
To guarantee openness, equity and effectiveness, cloud service procurement requires a carefully planned process. In order to procure cloud services, a request for proposal (RFP) document outlines the legal and procedural framework. This article focuses on important elements like eligibility requirements, proposal submission and evaluation processes, general and special conditions of contract, and dispute resolution mechanisms.
Released on Aug 18, 2024
AI regulations – a rising global issue: an Australian perspective
Artificial intelligence (AI) technologies deployed in Australia largely originate from China, Europe, Japan and the US with these countries being the innovators in the AI field having the highest patent filings globally. The Australian Government has recognised that to take advantage of globally supplied AI technologies and to support safe AI development and adoption, regulatory and governance frameworks are required that are consistent with global regulatory approaches. Australia is a participant in a number of global forums on AI regulation and governance.
Released on Aug 18, 2024
Pakistan’s National Space policy
Launched on 13 December 2023, Pakistan's National Space Policy (NSP) represents a significant turning point in the country's efforts to explore space and progress technology. This policy is an attempt to bring Pakistan's space activities into line with international trends and geopolitical difficulties in order to promote international cooperation and guarantee adherence to international norms. The NSP emphasises the importance of legal frameworks, public-private collaborations and sustainable space operations. It encompasses goals including national development, peaceful space utilisation and self-reliance in space technology. The National Space Agency is now known as the Space and Upper Atmosphere Research Commission (SUPARCO). The NSP outlines key areas of concern, such as industry promotion, capacity building, and research and development. Pakistan is set to become a major player in the international space community as SUPARCO implements the NSP, supporting scientific innovation, economic development and national security.
Released on Jun 18, 2024
Overview of Nigeria’s dynamic cryptocurrency regulatory landscape
Globally, the regulation of cryptocurrency is a complex and evolving terrain. Various jurisdictions have adopted diverse approaches, ranging from outright bans to varying degrees of oversight. In Nigeria, while there is no outright ban of cryptocurrency usage or trading, the regulatory regime remains in flux. The Nigerian government has navigated this landscape through a multi-agency approach, seeking to balance the potential benefits of cryptocurrency with mitigating risks like, foreign exchange volatility, money laundering and fraud. This article provides an overview of the cryptocurrency regulatory landscape in Nigeria, highlighting recent developments in this evolving space.
Released on Jun 18, 2024
Brazilian legal framework on automated decision-making
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously taken by humans, such as those related to hiring and dismissing employees; assessing insurance risks and credit scores; diagnosing medical conditions; and moderating social media content, are now being made by artificial intelligence (AI) systems through the massive processing of personal data. Although the rise of AI has undeniably brought many benefits to society, primarily through increased productivity and maximising efficiency, the widespread use of these systems also presents significant legal and ethical challenges to regulators worldwide.
Released on Jun 9, 2024
‘Privacy by design’: leveraging technology to ensure data privacy
As data privacy becomes an increasingly important concern across the world, innovative mechanisms such as privacy by design can be incorporated by corporations to add defensibility and probative value to their data privacy compliances.
Released on Jun 9, 2024
The telecommunications industry in Pakistan: growth, challenges and opportunities
Pakistan's telecommunications business has expanded significantly in recent years, spurred by rising demand for low-cost cellular services. The spread of mobile and broadband networks, as well as government attempts to improve infrastructure and promote competition, have all played important roles in this development. The sector's rise was notably pronounced during and after the Covid-19 pandemic, which considerably increased e-commerce and as a result, demand for connectivity. Despite these developments, the industry continues to face policy-based and operational hurdles which have hampered increased investment.
Released on May 28, 2024
LGPD development in Brazil: ANPD Resolution No 15/24
The Brazilian General Data Protection Law (LGPD) represents a significant milestone for data protection in Brazil, aligning itself with international standards and providing a solid legal framework for the privacy of personal data. As a part of this process, Resolution CD-ANPD No 15, of 24 April 2024, has emerged as a crucial regulation that establishes the procedures for reporting security incidents. This article will analyse the main aspects of this resolution, assessing its strengths, limitations, impacts and suggesting possible improvements.
Released on May 28, 2024
Investment opportunities and incentives in Pakistan’s electric vehicle sector
Due to the increasing prices of traditional fuel and deteriorating environmental health at a global level, it is imperative for the world to consider shifting towards electric vehicles (EVs). This transition has been the centerpiece of all conversations in the automobile in-dustry against the backdrop of climate change, sustainability, energy transition and capaci-ty building for the adoption of newer technologies that safeguard the environment while creating new business opportunities.
Released on May 23, 2024
Navigating new terrain: key updates in Jordan's technology-related legal framework
The rapid proliferation of technology and artificial intelligence (AI) has significantly influenced global markets, necessitating robust regulatory frameworks. This article explores Jordan's agile response through the enactment of the Jordanian Cybercrimes Law (Law no 17 of 2023) and the Personal Information Protection Law (Law no 24 of 2023). These laws not only criminalise certain online activities and protect personal data but also position Jordan as a regional leader in addressing the dual imperatives of innovation and security in the digital age.
Released on May 23, 2024
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