Q&A: due diligence for tech M&A in Cyprus
As the technology sector thrives in Cyprus, mergers and acquisitions (M&A) involving tech companies have become increasingly common. Conducting thorough due diligence is essential to ensure that intellectual property (IP) and technology assets are accurately evaluated, and potential legal or regulatory risks are addressed before completing a transaction. This process requires specialized knowledge in areas such as IP ownership, licensing, data protection, and cybersecurity.
With over a decade of experience in the fintech industry and extensive expertise in GDPR compliance, intellectual property, and regulatory frameworks, our Law Firm is well-equipped to guide clients through the complexities of tech M&A in Cyprus. We understand the unique challenges that tech companies face during the necessary due diligence phase, and our deep sector knowledge ensures that every aspect—from IP rights to data protection—is carefully reviewed to safeguard our client’s interests.
In this article, we present the key areas of tech M&A due diligence in Cyprus, outlining the distinct approaches for share acquisitions versus asset purchases, and highlighting the legal and regulatory considerations specific to the local market. With our expertise, both buyers and sellers can confidently handle these transactions, ensuring a seamless and legally sound process.
1. What are the typical areas of due diligence undertaken in tech M&A in Cyprus?
In Cyprus, due diligence for tech M&A focuses on reviewing the target’s technology and intellectual property (IP) assets. This includes confirming the ownership, licensing, and protection of technology and IP rights, assessing IT infrastructure (e.g., cloud-based or on-premises systems), reviewing data protection compliance (especially with GDPR), and evaluating cybersecurity measures. Due diligence also assesses contractual obligations, key third-party relationships, the handling of open-source software, and any regulatory filings triggered by the transaction.
2. How does due diligence differ between share acquisitions and asset purchases in Cyprus?
In a share acquisition, the buyer acquires the entire company, including all assets and liabilities, which typically means a more extensive due diligence process. This includes verifying IP ownership and identifying potential third-party disputes over rights. In asset purchases, the focus is on ensuring the transferability of the specific IP and technology assets, as well as contracts, with potential restrictions on transfer. Asset purchases may also require separate approvals for data transfers, particularly where customer data is involved.
3. What public searches are typically conducted during tech M&A due diligence in Cyprus?
Public searches typically involve checking Cypriot IP registers for patents, trademarks, and design rights to verify ownership and status. Searches may also include international IP databases, company registers, and records for liens or security interests on intellectual property. Additionally, searches may be made through the Department of Registrar of Companies for annual reports, charges, and encumbrances on the target’s assets.
4. Can liens or security interests be placed on intellectual property or technology assets in Cyprus?
Yes, intellectual property and technology assets can be pledged as security in Cyprus. Due diligence will involve checking the Department of Registrar of Companies for any registered liens, pledges, or security interests on IP assets. Ensuring that proper documentation for the release of such security is in place is crucial as part of closing the transaction.
5. What is the due diligence process for employee-created intellectual property in Cyprus?
In Cyprus, IP rights created by employees during the course of their employment typically belong to the employer, unless agreed otherwise. Due diligence should review employment contracts to ensure that they include clauses transferring IP rights to the company. Similarly, contractor agreements should be reviewed to confirm that the company holds ownership of any IP or technology developed by external third parties.
6. What due diligence is conducted regarding the target’s use of open-source software?
The buyer will assess whether the target uses open-source software in its proprietary technology and confirm compliance with relevant licenses. Open-source licenses, especially those with “copyleft” provisions, may require that modifications or derivative works be made publicly available. Due diligence will also check if the target has policies to manage the use of open-source software, and, if necessary, the buyer may request code scans to identify potential risks.
7. How is software licensing typically reviewed during tech M&A due diligence in Cyprus?
Software due diligence involves reviewing both licensing in (software the target uses) and licensing out (software the target licenses to others). Key issues include confirming that the software licenses cover the necessary users (especially in group structures) and assessing whether there are any restrictions on transferring licenses to the buyer. Agreements with third-party software providers should be reviewed to ensure continued support and maintenance post-acquisition.
8. What are the data protection considerations in tech M&A in Cyprus?
Compliance with data protection laws, including GDPR, is a significant focus in tech M&A. Due diligence will involve reviewing the target’s data processing activities, internal policies, and any potential data breaches. For transactions involving customer data, especially in asset purchases, it is important to assess whether customer consent is required for transferring personal data, as this may complicate the transaction.
9. Are there specific regulatory concerns for tech companies in Cyprus?
Yes, certain sectors may have additional regulatory requirements in Cyprus. For example, tech companies dealing with sensitive data or operating in sectors like telecommunications or financial services must comply with sector-specific regulations. Due diligence will assess whether the target company has made the necessary regulatory filings or received the appropriate approvals, and whether any filings are triggered by the transaction.
10. How are intellectual property rights (IPR) transferred in tech M&A in Cyprus?
The transfer of intellectual property rights is generally straightforward in Cyprus but may require specific agreements, especially in asset purchases. Transfer of licenses, particularly software licenses, often requires the consent of the licensor. Exclusive and non-exclusive licenses may be treated differently, with exclusive licenses requiring more stringent review. It is essential to ensure that all necessary consents and assignments are obtained before closing the transaction.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
Cyprus on Netflix: A New Era for the Olivewood Scheme
Stelana Kliris’ latest film, “Find Me Falling,” marks a significant milestone as the first Cypriot movie to stream on Netflix. This achievement brings notable actor Harry Connick Jr. to Cyprus, spotlighting the success of the Cyprus Olivewood Scheme.
“Find Me Falling,” a co-production by Jupiter Peak Productions (USA) and Meraki Films (Cyprus), with support from Cyprus’ Deputy Ministry of Culture and the Cinema Advisory Committee, was entirely filmed across Cyprus, from Peyia to Nicosia. The production team consisted predominantly of local talent, with over 150 crew members from Cyprus, alongside a few from the US and Greece.
Launched in September 2017, the Olivewood Scheme aims to attract international film, documentary, and television productions to Cyprus, enhancing investment and employment while promoting the island as a cultural and tourist hub. This initiative aligns with European Commission Regulation 651/2014, providing a blend of grants and tax incentives to qualifying productions.
A. Incentives Overview
Cash Rebate and Tax Credit: Producers can opt for either a cash rebate or a tax credit, not both, under the scheme. Additional incentives, such as tax allowances for infrastructure and equipment investments, and VAT returns, apply irrespective of this choice.
- Cash Rebate: Up to 45% of eligible expenditures incurred in Cyprus, contingent on the production’s cultural test score. The rebate is granted post-filming, upon submission and review of the audit report by the filming committee.
- Tax Credit: Up to 35% of eligible expenditures, with unused credits carried forward for up to five years, subject to a cap of 50% of the applicant’s taxable income in the production year.
- Tax Allowance for Investments: Small and medium-sized enterprises can deduct up to 20% (small enterprises) or 10% (medium-sized enterprises) of their investment in film infrastructure and equipment from their taxable income. Investments must remain in Cyprus for at least five years.
- VAT Refund: VAT incurred on qualifying production expenditures can be refunded. Cyprus VAT rates are 19%, 9%, and 5%, with refunds processed within six months of the VAT declaration deadline or the VAT return application date.
B. Scheme Extension and Impact
In September 2023, the Cyprus government extended the Olivewood Scheme for another three years, following a favorable cost-benefit analysis. An initial investment of 1 million euros yielded a return of 5.5 million euros, justifying the extension and an increased rebate rate of 45%.
C. Benefits of Filming in Cyprus
The Olivewood Scheme offers filmmakers cost-effective production opportunities against Cyprus’ stunning landscapes, from crystal blue seas and sandy beaches to breathtaking mountains and modern cities. This initiative has elevated Cyprus as a preferred filming location and opened new avenues for investment in the local film industry.
Should you have any further questions, please do not hesitate to contact us at [email protected].
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
AI Act Set to Come into Force on 1 August 2024
The countdown to compliance with the Artificial Intelligence Act (“AI Act”) has started. Signed into law on June 13, 2024, the AI Act was set for publication in the EU Official Journal on July 12, 2024, and will enter into force on August 1, 2024.
Background
The AI Act establishes a legal framework aimed at achieving human-centric AI, protecting health, safety, and fundamental rights from the harmful effects of AI, while promoting innovation.
Scope of the AI Act
The AI Act applies to all stakeholders in the AI value chain, including AI providers (such as those of general-purpose AI, or “GPAI”), users, importers, distributors, manufacturers, and authorized representatives. Exemptions exist for AI systems used in scientific research, military, defense, or international cooperation, provided fundamental rights safeguards are in place.
Extra-Territorial Scope
The AI Act has extra-territorial reach, impacting organizations inside and outside the EU. It applies to entities placing AI on the EU market, using AI outputs within the EU, or providers of AI systems and general AI models outside the EU, who must appoint an EU-based representative.
Risk Categories
The AI Act adopts a risk-based approach, with regulations varying based on the severity and likelihood of harm:
- Prohibited: AI systems for social scoring, cognitive behavioral manipulation, biometric categorization.
- High: AI in employment, credit decisions, health/life insurance risk assessment.
- GPAI: Large language models like ChatGPT.
- Limited: Chatbots.
- Minimal: Spam filters, video games.
High Risk Providers
High-risk AI system providers must adhere to various obligations:
- Risk management systems
- Data governance
- Technical documentation
- Record-keeping
- Transparency
- Human oversight
- Accuracy, robustness, and cybersecurity
- Quality management systems
- Documentation and log generation
- Cooperation with authorities
- Displaying the CE Mark
- Registering with the EU database
GPAI Providers
GPAI providers must prepare technical documentation, copyright policies, and publish training data. They may adhere to voluntary codes of practice for compliance. GPAI systems posing systemic risks must undergo model evaluation, ongoing assessment, risk mitigation, and incident reporting.
User Obligations
AI users have fewer obligations but must ensure staff have AI literacy. Users of high-risk AI must implement technical and organizational measures, human oversight, monitoring, and data protection impact assessments. Transparency rules apply to AI systems creating deep fakes or involving emotion recognition.
Enforcement
The EU AI Office will regulate the AI Act’s implementation, supported by the AI Board and national supervisory authorities. National authorities will oversee enforcement, appointing a public authority to supervise fundamental rights.
Fines
The AI Act imposes significant fines:
- Up to €35 million or 7% of annual global turnover for breaches of prohibited AI provisions.
- Up to €15 million or 3% of annual global turnover for other breaches.
- SME fines will consider economic viability, applying the lower of the percentages or amounts mentioned.
SME Support
Special provisions help SMEs boost innovation:
- Priority access to AI regulatory sandboxes free of charge.
- Tailored training on the AI Act.
- Information and templates for documentation.
- Simplified technical documentation for high-risk AI system providers.
Timeline
Key dates for compliance:
- November 1, 2024: Identify and notify the Commission of the national public authority for fundamental rights.
- February 1, 2025: Scope, definitions, and prohibited AI systems provisions apply.
- August 1, 2025: GPAI, penalties, and EU governance provisions apply.
- August 1, 2027: Safety components and specific high-risk products (Annex I) provisions apply.
Future Developments
The AI Act is part of the EU’s broader legal approach, including the proposed AI Liability Directive and the Product Liability Directive, addressing procedural rules for civil claims and compensation for defective AI systems.
What to Do Now
Organizations should proactively:
- Identify AI used in the business and the applicable risk category.
- Implement an AI governance framework with policies, staff training, and vendor due diligence.
- Communicate compliance measures to stakeholders.
Developing an AI compliance program is time-consuming, and businesses must start early to meet the deadlines. Detailed guidance will take months to emerge, so a risk-based approach and benchmarking against industry practices are essential in the meantime.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
A New Legislative Framework for Mediation Introduced by the Ministry of Justice and Public Order
A new and innovative amendment draft law prepared by the Ministry of Justice and Public Order regarding mediation in civil disputes up to €10,000 is set to bring significant changes. Mediation will now cover civil, commercial, cross-border, and labor disputes.
The role of mediators will be assumed by lawyers, members of the Cyprus Chamber of Commerce and Industry, as well as the Cyprus Scientific and Technical Chamber, provided they meet specific requirements. These individuals will have the right to register with the Ministry of Justice and Public Order and the Cyprus Bar Association.
Additionally, mediators, excluding practicing lawyers involved in commercial disputes, must submit a certification to the Ministry of Justice and Public Order every three years, indicating they have completed at least 24 hours of relevant training.
This legislation establishes a legal framework facilitating access to alternative dispute resolution, aiming for economically efficient and expeditious extrajudicial resolution tailored to the needs of the parties involved. Agreements reached through mediation are expected to be more willingly executed and will enable the maintenance of a friendly and sustainable relationship between the parties.
According to Mr. Michael Vorkas, President of the Cyprus Bar Association, this draft law is highly significant as it assigns mediators the responsibility of resolving civil disputes outside the courts, particularly those involving sums up to €10,000. Vorkas emphasized that this approach will alleviate the burden on the courts.
Mrs. Papageorgiou boasts an impressive array of qualifications, including LLB, LLM, and LPC degrees from esteemed UK universities and professional institutions, as well as CySEC Advanced and AML Certificates. Her extensive experience spans various sectors, having held pivotal roles such as Senior Associate Lawyer in top-tier law firms, where she served high-net-worth individuals and corporations with distinction.
Furthermore, Mrs. Papageorgiou has held various managerial positions, ascending to the pinnacle of Chief of the Legal and Compliance Department in a prominent Fintech Group of Companies, specializing in forex and payments industries. In these roles, she led dynamic legal teams, adeptly resolving complex legal matters daily.
Our law firm proudly holds Affiliate Membership in prestigious organizations such as the International Compliance Association, International Compliance Professionals Association, and Cyprus VAT Association, among others, as detailed on our website www.apapageorgiou.com.
With Andria Papageorgiou Law Firm, you can expect unparalleled expertise, dedication, and professionalism in every aspect of legal representation and mediation services.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
Why Utilise a Family Office?
A. UTILIZING FAMILY OFFICE SERVICES
If you possess substantial assets, wealth, or a significant inheritance that you wish to protect for your family’s future success in business, inheritance, or legacy maintenance, then engaging the services of a Family Office is essential. This dedicated organization, tailored exclusively for you, will address all related matters and leverage the expertise of various professionals.
By doing so, you eliminate the need to engage multiple services or offices to handle individual components, ensuring peace of mind as a dedicated team manages and fulfills all associated requirements under one roof. Expertise is sourced internally and externally through client consultation.
Within the Family Office, you gain access to lawyers, accountants, investment advisors, administrators, real estate agents, and more. These professionals provide personalized services based on your unique circumstances and status.
High-net-worth families prefer the convenience of a single office over the complexities of engaging multiple professionals. Moreover, they benefit from cohesive collaboration among experts, ensuring a unified understanding, goal, and commitment solely focused on the client.
B. SERVICES OFFERED BY A FAMILY OFFICE
The spectrum of services offered by a Family Office may vary depending on each family’s needs but typically includes:
- Secretariat
- Succession
- Planning
- Wealth Management
- Investment Portfolio
- Immovable Assets Portfolio
- Movable Assets Portfolio
C. SECRETARIAT
The Family Office can function as a Secretariat, overseeing a wide array of tasks, from setting up direct debits for regular payments to serving as your representative for international operations. These services, tailored to each client, may also include insurance coverage, safekeeping of confidential documents, timely form filing, and managing various administrative tasks.
Additionally, the Secretariat acts as a liaison with external service providers such as banks, schools, and government offices, streamlining communications and optimizing services to generate long-term savings for the client.
D. SUCCESSION PLANNING
Succession Planning is imperative for affluent families, safeguarding their legacy and wealth for future generations. This process, which encompasses funds, trusts, and intergenerational planning, involves thorough analysis and contingency planning to address potential challenges and conflicts within the family.
The Family Office facilitates Succession Planning by coordinating multiple disciplines, simplifying what would otherwise require engagement with various offices.
E. WEALTH MANAGEMENT
The impartial and comprehensive nature of the Family Office makes it an invaluable resource for Wealth Management. Unlike external entities, such as banks or accountants, the Family Office offers unbiased advice and services tailored to the client’s needs, ensuring integrity and adherence to explicit instructions.
Wealth Management services encompass market monitoring, asset oversight, tax planning, and legal compliance, allowing clients to focus on their priorities while the Family Office handles their investments and financial affairs.
F. INVESTMENT PORTFOLIO
The Investment Portfolio service provides specialized advice to identify investment opportunities aligned with the client’s goals, ethics, and interests. Through strategic planning and meticulous asset allocation, the Family Office manages both existing investments and new opportunities, ensuring optimal portfolio performance.
G. IMMOVABLE ASSETS PORTFOLIO
For real estate matters, the Family Office serves as a comprehensive resource, offering advisory, administrative, and managerial support for property portfolios. From property acquisition to daily operations and paperwork management, the Family Office ensures efficient management and preservation of immovable assets.
H. MOVABLE ASSETS PORTFOLIO
The Family Office oversees the management and upkeep of valuable collections, such as antiques, artwork, and jewelry, providing inventory management, maintenance coordination, and acquisition assistance. Additionally, it handles paperwork, insurance, and logistics associated with movable assets, ensuring their preservation and enhancement.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
The legislation concerning paternity, parental, caregiving, force majeure leave, and flexible work arrangements aimed at promoting work-life balance
The recent enactment known as The Work-Life Balance Law encompasses provisions regarding paternity, parental, caregiving, force majeure leave, and flexible work arrangements. On December 16, 2022, the House of Representatives approved this legislation. It guarantees paid paternity and parental leave, carer’s leave, and force majeure leave. Moreover, it grants parents of children up to 8 years old and caregivers the entitlement to request flexible work schedules from their employers. Notably, certain rights previously covered by the Paternity Protection Law and the Parental and Force Majeure Leave Law have been replaced by this new law.
Paternity Leave
The entitlement to statutory paternity leave remains unchanged, with a maximum duration of 2 weeks. This leave can be taken within the timeframe starting from the week of birth or adoption and concluding 2 weeks after the conclusion of the maternity leave period, as stipulated by the Maternity Protection Law.
The right to paternity leave is applicable irrespective of the duration of the employee’s tenure with the employer and is applicable even in instances where the child does not survive birth.
In situations where the mother passes away during childbirth or at any point during the maternity leave period, the duration of paternity leave extends for the same number of weeks as the remaining duration of the mother’s maternity leave entitlement, had she survived.
The paternity allowance is disbursed by the Social Insurance, adhering to the regulations outlined in the Social Insurance Law. Employees must inform their employer of their intention to take paternity leave at least 2 weeks in advance.
Parental Leave
Employees who have maintained continuous employment with the same employer for at least 6 months are eligible for parental leave. This leave spans 18 weeks per child, with an extension to 23 weeks under specific circumstances: (i) if the employee is a widower or single parent, (ii) if parental care rights are revoked from the other parent, or (iii) if the other parent does not acknowledge the child.
Parental leave can be taken intermittently, ranging from a minimum of 1 day to a maximum of 5 weeks per calendar year.
Except in cases where no parental leave allowance is provided for a specific period, parental leave entitlements cannot be transferred between parents. However, one parent can transfer a maximum of 9 remaining weeks to the other parent.
Employees must inform their employer at least 3 weeks in advance of the intended start date of parental leave.
Statutory Parental Leave Allowance
Until August 1, 2024, the Social Insurance Fund provides a parental leave allowance for the initial 6 weeks of parental leave. From August 2, 2024, onwards, this allowance extends to the first 8 weeks, subject to the eligibility criteria outlined in the Social Insurance Law. The applicant must have completed 12 months of employment within the last 24 months. In cases of a disabled child, the duration of the parental leave allowance is prolonged.
Flexibility
Employees retain the right to request flexible parental leave arrangements (such as part-time or reduced hours work) without forfeiting their entitlement to parental leave allowance. This request can be made for a minimum of 1 day. When making such a request, employees must specify the desired type of flexibility, duration of leave, and which portion of the parental leave should be taken flexibly.
Employers can defer the commencement of parental leave for up to 2 months for operational reasons, provided they first offer flexible work options where feasible.
Carers Leave/Force Majeure Leave
For the first time, the Law grants employees the right to request up to 5 days of unpaid leave annually as carer’s leave. This entitlement applies when an employee needs to attend to the care of a family member (as defined by the Law) or a person residing in the same household who requires substantial care or assistance due to a severe medical condition.
Carer’s leave can be taken either consecutively or intermittently.
The provision for 7 days of unpaid force majeure leave per year, previously addressed in distinct legislation, is now governed by the Law.
Flexible Work Arrangements
Under the new legislation, working parents with children up to the age of eight and any caregiver (as outlined in the Law) now have the right to seek flexible work arrangements for caregiving purposes. Flexible work arrangements encompass adjustments to an employee’s work patterns, which may include remote work options, flexible schedules, or reduced hours.
To qualify for this benefit, employees must have maintained six months of continuous employment with the same employer. Employers are required to respond to such requests within one month and retain the authority to defer or decline requests, providing pertinent justifications for their decisions.
Preservation of Employment Rights during Paternity, Parental, Care, or Force Majeure Leave
According to the Law, taking leave under its provisions should not impact an employee’s seniority, opportunities for promotion, or their ability to return to equivalent positions with the same pay and benefits. Additionally, any period of absence is considered as time worked when calculating an employee’s annual leave entitlement. Similarly, under the Termination of Employment Law of 1967, such absences are to be counted as part of the employment period. Given these changes, employers are encouraged to review and revise their employment manuals, contracts, and practices to align with the new legislation.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
Introducing Family Office Services
Safeguarding and effectively managing your family’s wealth, estate, assets, and other familial matters for future generations is a decision of utmost importance, requiring careful attention from a firm well-versed in the intricate complexities of the Family Office and sensitive to its multifaceted functions.
The essence of a Family Office extends beyond mere administrative and managerial tasks concerning familial wealth. It encompasses a suite of integrated services and functions, tailored to meet the unique lifestyle and requirements of each individual client, thus forming a customized service package.
Whether the aim is to preserve an existing estate or facilitate its growth, Andria Papageorgiou Law Firm can establish the appropriate Family Office, leveraging a wealth of expertise from legal, tax, and accounting firms, investment advisors, and real estate professionals, all consolidated into a comprehensive portfolio.
Family Office services encompass a wide array of offerings tailored to individual client needs, including the management of wealth, lifestyle, trusts, charitable foundations, valuable collections, succession plans, as well as the secure storage of essential family documents and records.
Furthermore, the Family Office addresses various legal considerations relevant to clients, spanning corporate governance, tax and estate planning, compliance, real estate transactions, employment matters, and employee benefits, among other areas.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
Parliament Passes Landmark Artificial Intelligence Act: Ensuring Safety, Compliance, and Innovation
In a historic move, Parliament has greenlit the Artificial Intelligence Act, marking a significant step towards ensuring safety, compliance with fundamental rights, and fostering innovation in the AI landscape.
This legislation, which underwent negotiations with member states in December 2023, received overwhelming support from MEPs, with 523 votes in favor, 46 against, and 49 abstentions. Its primary objective is to safeguard fundamental rights, democracy, the rule of law, and environmental sustainability from the potential risks posed by high-risk AI technologies, all the while propelling Europe forward as a global leader in the field.
Among its provisions, the Act prohibits certain AI applications deemed detrimental to citizens’ rights, such as biometric categorization systems based on sensitive characteristics and the indiscriminate collection of facial images from sources like the internet or CCTV footage for facial recognition databases. Additionally, practices like emotion recognition in workplaces and schools, social scoring, predictive policing solely based on profiling, and AI manipulation of human behavior or exploitation of vulnerabilities are strictly forbidden.
However, the legislation acknowledges exemptions for law enforcement agencies, allowing the use of biometric identification systems under tightly defined circumstances, such as targeted search operations for missing persons or counterterrorism measures, with strict safeguards in place.
Furthermore, the Act imposes clear obligations on high-risk AI systems, mandating risk assessment and mitigation measures, transparent operations, accurate decision-making, and human oversight. Citizens are granted the right to lodge complaints regarding AI systems affecting their rights and to receive explanations for decisions made by such systems.
Transparency is a cornerstone of the Act, requiring general-purpose AI systems and their underlying models to adhere to stringent transparency standards, including compliance with EU copyright laws and the disclosure of comprehensive summaries of training data. Additionally, measures are introduced to combat the proliferation of manipulated media content, such as deepfakes, by mandating clear labeling.
To support innovation and empower small and medium-sized enterprises (SMEs), regulatory sandboxes and real-world testing environments will be established at the national level, providing opportunities for developing and training innovative AI solutions before market entry.
In reflecting on this milestone, co-rapporteurs Brando Benifei and Dragos Tudorache emphasized the Act’s significance in shaping a future where AI aligns with European values, protects citizens’ rights, and fosters responsible innovation.
Looking ahead, the Act is slated for final adoption pending legal review and endorsement by the Council, with provisions set to come into effect progressively over the next few years. This landmark legislation not only responds to citizens’ demands for a safer and more trustworthy AI environment but also sets a precedent for global governance in the rapidly evolving digital landscape.
In case you have any questions, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
Abolishment of Annual Levy for Cyprus Companies
On February 21, 2024, the government issued an official statement regarding the abolition of the €350 annual company levy, effective immediately for the fiscal year 2024.
This strategic decision is aligned with broader economic initiatives aimed at fortifying businesses within our evolving global landscape and elevating Cyprus’s allure as a preferred destination for business activities.
Further information regarding the logistical aspects of this policy change will be communicated as it becomes accessible.
In case you need our legal support, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.
New Membership Announcement
We are thrilled to announce a momentous achievement for our esteemed Founding Lawyer, Ms. Andria Papageorgiou, who has been elected by the Board of the Cyprus Bar Association (CBA) to serve on the prestigious Committee of Finance of the CBA. This appointment stands as a testament to Ms. Papageorgiou dedication, expertise, and unwavering commitment to excellence in the finance industry.
This Committee will be responsible, among others, for the below:
- Organization of events (relevant to Finance);
- Organization of educational activities (relevant to Finance);
- Participation in events and activities of the Association or other organizations representing the CBA;
- Preparation of Reports, Studies, Presentations, Draft Legislation;
- Presentation at the House of Representatives on behalf of CBA;
- Submission of proposals to the CBA and taking initiatives within their scope of responsibilities.
This appointment not only reflects Ms. Papageorgiou’s individual accomplishments but also highlights the caliber of talent and expertise within our Firm. It reinforces our commitment to fostering a culture of excellence and innovation that extends beyond our Firm’s boundaries.
The role of Ms. Papageorgiou in the Committee of Finance at the CBA will undoubtedly pave the way for groundbreaking initiatives and strategic decisions that will shape the future of the finance industry in Cyprus. We are immensely proud of her achievement and are confident that her invaluable insights and expertise will continue to drive positive change and growth within our Firm and the industry at large.
We look forward to witnessing the continued success and impactful contributions that Ms. Papageorgiou will bring to both the CBA and our Firm.
In case you need our legal support, please do not hesitate to contact us for further professional assistance.
Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.