Lawyer's Blogs

When it comes to buying, selling, or exhibiting artwork, art holdings, galleries, and collectors face a web of legal complexities. Based on French intellectual property law, which sets the standard for the European art market, here are the essential rules every industry player should know.Automatic Protection: No Registration NeededAn artist gains full copyright protection the exact moment they create a piece of work (under Article L111-1 of the Intellectual Property Code). No filings, formal registrations, or stamps are required.This copyright is split into two categories:Economic Rights. These generate income from the work and last for the artist's lifetime plus 70 years after their death, after which the work enters the public domain.Moral Rights. These are perpetual, inalienable, and cannot be waived or sold. They include the right to paternity (attribution) and the right to integrity (opposing any modification of the work).Owning the Artwork vs. Owning the RightsThis is the biggest pitfall for art buyers. Buying a physical painting or sculpture only makes you the owner of the physical object, not the intellectual property (Article L111-3).This triggers strict rules:Public...

Most companies operating in the U.S. are accustomed to evaluating cookie banners exclusively through the lens of privacy laws—primarily California's CCPA/CPRA. In practice, this traditional approach boils down to a standard checklist: deploying a banner, updating the privacy policy, and giving users the option to opt out of non-essential trackers.However, recent litigation trends show that this framework is no longer sufficient. In parallel with data privacy laws, plaintiffs and regulators are aggressively leveraging criminal wiretapping and electronic surveillance statutes—most notably the California Invasion of Privacy Act (CIPA). These anti-wiretapping laws are now driving the main wave of legal risks for website operators.The New Focus of Litigation: Not WHAT is Collected, but WHENModern CIPA lawsuits do not focus on the mere fact that analytics or cookies are used, but on the exact timestamp when user tracking begins.The litigation spotlight has turned to widely used digital tools:Marketing pixels (Meta Pixel, etc.);Session recording software (session replay tools);Form-field tracking technologies and live chat plug-ins.The Core Problem: These technologies often execute...

AI in a Gilded Frame: Why Art Insurers Are Breaking a SweatWe typically view fine art insurance as a straightforward process involving a canvas, a signature, and clear provenance. But what happens when an algorithm "paints" the artwork? In this case, a text prompt replaces the traditional brush.Ever since the Edmond de Belamy portrait sold for over $430,000 at Christie’s, AI art has entered high-end galleries. However this shift creates a massive underwriting headache. Consequently, the industry faces four major hurdles:The Authorship Puzzle: Traditional insurance relies on human creation. Because AI art blends the prompter, coder, and machine, authorship is now blurred. Therefore, establishing legal "insurable interest" has become a nightmare for lawyers.The "Ctrl+C, Ctrl+V" Factor: Scarcity drives the value of fine art. Nevertheless, an AI can generate a thousand similar versions in mere seconds. To address this, insurers are exploring blockchain and NFTs to prove an item is unique.The IP Minefield: Legal battles now center on whether AI models "stole" skills from copyrighted datasets. If an insured work is flagged for infringement, the question of liability remains....

The UK Government’s recently published policy paper, "Smart Data 2035: the UK’s Smart Data Strategy," signals a major shift toward a fully integrated data economy. Building on the foundation of the Data (Use and Access) Act 2025, the strategy aims to replicate the success of Open Banking across all major growth sectors.Strategic Pillars for 2026-2029:The Regulatory Framework: Open Banking will move under a permanent statutory regime. Early 2026 will see intense consultations to finalize the standards that will eventually be governed by the FCA.Expansion into Open Finance: By Summer 2026, the government will clarify the trajectory for wider financial data sharing. This will focus on empowering consumers and simplifying credit access for small and medium enterprises.Interoperability & "Smart Data Guidebook": To prevent data silos, the government will release a cross-economy Guidebook by 2027. This document will set the standards for how different industries - from energy to finance - share information securely and efficiently.Why It Matters:The strategy highlights that "Smart Data" is the essential fuel for the UK’s AI Opportunities Action Plan. By enabling authorized...

For any international entrepreneur, incorporating a company in Cyprus is only the first step. The true operational launch begins with opening a corporate bank account. In today’s regulatory environment, a local bank account serves as more than just a financial tool—it is a critical indicator of your company’s business substance, credibility, and compliance with EU standards.The IBU Model: Tailored for Global OperationsMost foreign-owned Cyprus entities utilize an International Business Unit (IBU) account. This banking structure is specifically designed for companies whose economic interests span multiple jurisdictions. Whether your firm is engaged in software development, international trading, or holding activities, the IBU framework is built to handle complex cross-border transaction flows with efficiency.Navigating the Compliance LandscapeCyprus banks strictly adhere to European AML (Anti-Money Laundering) and KYC (Know Your Customer) directives. To ensure a seamless application process, clients must be prepared to provide:Corporate Transparency: A full set of apostilled company certificates and clear identification of Ultimate Beneficial Owners (UBOs).Economic Substance:...

When a business expands beyond a single jurisdiction, the asset ownership structure almost inevitably becomes more complex. Companies appear in different countries, dividend flows originate from multiple sources, and potential deals for selling shares or attracting new investors arise. At a certain point, the owner faces a question: is it time to centralize asset management through a holding company?Within the European Union, Malta is one of the jurisdictions frequently considered for such purposes. A combination of EU membership, a stable corporate system, and a special tax regime for participation in subsidiaries has made this country a well-known tool for international structuring.Why a Holding Company?A holding company is essentially a hub for owning corporate rights. It does not necessarily conduct active operational activities but accumulates stakes in other companies and controls financial flows between them. This model allows for more than just organizing the ownership structure; it creates a more predictable system for managing dividends, reinvestments, and future business exits.When dividends are paid directly to an individual or scattered across different jurisdictions,...

For several years, Malaysia has been building a systematic policy to attract foreign investment, focusing not only on manufacturing but also on high-tech, digital, and innovative sectors. In 2025, the state continues to develop a comprehensive model of tax incentives, combining classic benefits with new support mechanisms for strategic industries.For businesses, this represents more than just a reduction in the tax burden; it is an opportunity to structurally optimize investment projects and build an effective regional presence in Southeast Asia.General Tax FrameworkThe standard corporate tax rate in Malaysia is 24%. However, the investment incentive system allows for a significant reduction in the effective tax rate—up to full exemption of part of the profit for a specified period. The key principle of the Malaysian model is that incentives are not granted automatically but are based on approved investment performance, a business plan, and the achievement of established economic KPIs.Strategic State PolicyMalaysia's tax policy aims to attract:High-tech manufacturing;R&D projects and semiconductors;Digital services and data centers;Green energy and ESG projects;Regional...

The era of "simple deals" is officially a relic of the past. While antitrust scrutiny was the primary hurdle three years ago, closing a transaction in 2026 has evolved into a multi-level equation where variables shift in real-time.The current M&A landscape is defined by four fundamental pillars:1. Foreign Subsidies Regulation (FSR): From Theory to RoutineThe FSR has transitioned from a looming threat to a daily operational reality. In 2026, the market is seeing the full impact of the European Commission’s detailed Guidelines published in January:The Shift: The Commission has moved beyond mere data collection to a surgical focus on "non-market" advantages. For instance, a subsidized loan from a non-EU state bank now triggers an immediate, rigorous audit.Trends: Energy and infrastructure deals now typically take 3–4 months longer due to parallel FSR assessments. We are witnessing a rise in "voluntary" withdrawals as parties realize the cost of data disclosure often outweighs the deal's value.2. Foreign Direct Investment (FDI): National Security as the New ProtectionismBy 2026, "blind spots" in the EU have vanished; nearly every member state has implemented stringent FDI...

The Netherlands, long considered a major European financial hub, is preparing to implement one of the most radical tax reforms in modern history. A bill approved by the House of Representatives effectively introduces a tax on balance sheet profits (unrealized gains tax). From now on, the appreciation in value of stocks, investment assets, and cryptocurrencies will be subject to taxation, even if the assets have not been sold.1. Stock Market: A Blow to Strategic CapitalErosion of Compound Interest: Tax pressure outpaces real profitability. The tax on "paper profits" annually consumes a portion of capital, significantly slowing long-term growth.Liquidation Spiral: To pay the tax on stock appreciation, investors will be forced to sell a portion of those same stocks. This creates asset cross-defaults and a domino effect of margin calls, putting pressure on the entire market.Market Instability and Flash Crashes: Due to the instantaneous nature of the domino effect, participants may not have time to react, leading to forced liquidations of positions at market price.Lack of Compensation Risk: If an investor pays tax during a "green" year and the market drops 30% the following year, there...