Team size: Four

What are some of the legal challenges that IT companies face in the development and use of emerging technologies in their products?

When it comes to technologies involving facial or voice recognition and biometric authentication, companies need to be aware that the processing of such data is subject to stricter regulatory oversight as it has been deemed to be ‘sensitive’ under the GDPR. Therefore, it may only be processed where certain criteria have been met. Biometric data may only be processed where: the data subject has given explicit consent; processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the fields of employment and social security and social protection law; processing is necessary to protect the vital interests of the data subject; processing is necessary for the establishment and exercise of defence of legal claims; or processing is necessary for reasons of public interest.

Therefore, the challenge for companies may be to refrain from using such technologies as they become more widespread until a valid justification for processing is present. Artificial intelligence, by contrast, remains largely unregulated. That said, the EU proposal on AI (COM/2021/206) from April of this year showed what form the bloc’s proposed legislation may eventually end up taking. Crucially, the proposal stresses that any AI that is developed or in use in the EU will have to be safe and respect existing law on the fundamental rights and values of the EU. This may prove to be a challenge for companies harnessing this technology, particularly as AI decision-making systems become increasingly autonomous.

What are the most significant cases and/or transactions that your legal team has recently been involved in?

Advising Google Ireland on the ongoing expansion of our EMEA headquarters in Dublin was one of these key projects, involving strategic acquisitions like Grand Mill Quay, South Bank House, the Treasury Building and the entire Bolands Mills development. Here, we have taken a landmark 19th century flour milling site of historical significance and are transforming it into a vibrant mixed-use development as one of the largest regeneration schemes underway in Ireland.

We also advised Google UK on the acquisition and ground-up construction of the landmark headquarter development at Kings Cross in London, led negotiations for the acquisition of several acres of land from the Government of Telangana for the ground up construction

of our new three million plus square feet campus in Hyderabad in India and advised Google Germany on the share acquisition of a variety of special purpose vehicles with significant real estate holdings in Munich and Berlin.