Tech Legal Outlook 2022
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The COP26 deal has placed technology at the heart of the solution to climate change. Even before COP26, investment in climate technologies had seen a fivefold increase in investment in early-stage technology companies focused on net-zero solutions since the Paris Agreement. Yet there are challenges to delivering to the timescales required to achieve the net zero transition goals.
"Governments will need detailed carbon reduction policies and broad ranging investment frameworks to enable the private sector to invest with confidence in climate innovation" - Stuart Bedford
Space innovation is a vital contributor to our technology-enabled world, impacting a wide range of industries including navigation and communication, financial transactions, energy transmission, defence and intelligence, and with an important role in monitoring climate change. For this reason, many of the world’s largest tech companies are investing heavily in the development and use of satellite technology. As the opportunities for investment increase, investors need to navigate existing and evolving space law.
"As space becomes more mainstream, people are thinking more strategically about the commercial opportunities that it offers. In any highly regulated industry, though, the advantage lies with those who really understand the whole framework that is involved." -
The use of artificial intelligence has increased rapidly in recent years and continues to attract significant investment. In many ways intellectual property law is yet to catch up with this innovation and key questions arise for businesses seeking to protect their investments. A huge unknown is the extent to which AI-related inventions are patentable and, once a patent is granted, how to enforce it. Disclosure of the invention and proof of the infringement are two of the hurdles to overcome.
"Despite the challenges in obtaining an AI-related patent and enforcing it, the number of patents has more than doubled in the last 10 years and this will only grow as we see continued investment in AI." - Julia Schönbohm
There have been fundamental changes in foreign investment control, antitrust enforcement, and platform regulation, creating new regulatory regimes which will shape the digital economy in 2022 and beyond. In parallel, policy changes that anticipate what the new regimes will bring are already impacting tech transactions and major tech platforms.
"There has been a complete overhaul of the regimes in the last 2 years and that will have far-reaching repercussions for the development of the digital economy" - Christian Ahlborn
Data is critical to powering the digital economy – a valuable asset to be commercialised. Yet there is an increasingly assertive global framework of regulation and enforcement for personal data which organisations must navigate if they are to protect data adequately and leverage it successfully.
"The risk landscape has significantly changed, and that trend is set to continue in 2022 and beyond" - Harriet Ellis
2021 was a year of record levels of tech investment, both globally and regionally in the U.S., Asia and Europe. The forces driving this tech investment will continue to drive investment in 2022 and beyond. Yet investors and tech companies will need to take account of geo-politics and the regulatory headwinds brought by a regulatory reset for the digital economy.
"We are seeing South East Asia tech companies, especially in Indonesia, as a destination for investment money looking to hedge China risk." - Niranjan Arasaratnam
Fintech Global Year to Come 2022 and Year in Review 2021
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