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The European Data Protection Board (EDPB) and the European Commission have reviewed and confirmed the 2019 Adequacy Decision concerning Japan's data protection mechanisms. This guideline aims to present key points and details of this decision. 1. Background and Timeline: 23 January 2019: Initial Adequacy Decision for Japan was made. Basis: Article 45 of Regulation (EU) 2016/679 (GDPR). Reason: Japan’s enhanced safeguards ensuring data from the EU is protected to European standards. 3 April 2023: The European Commission completes its review with a positive outcome, noting improved convergence between the Japanese and European data protection systems. 2. Major Provisions and Amendments: Japanese Act on the Protection of Personal Information (APPI): Addresses the APPI as supplemented by Supplementary Rules to bridge differences between APPI & GDPR. Achievements Recognized by the European Commission: Data Retention and Cross Border Transfers: Incorporation of supplementary rules into the APPI, ensuring consistent application to all personal data. APPI’s Evolution: Transformation into a holistic data protection framework. Now, it covers both public and private sectors. Under the exclusive authority of the Personal Information Protection Commission (PPC). Updated Guidelines: PPC's guidelines on international data transfers improve the APPI's accessibility. Dedicated Contact Points: Established for EU citizens inquiring about their data processing in Japan. PPC’s Surveillance: Introduction of random checks ensuring adherence to the Supplementary Rules. 3. Critical Issues Highlighted: Pseudonymized Personal Information: Exemption from some duties, e.g., data breach reporting. Emphasis on not using such data for making individual-specific decisions. Data from the EU remains classified as "personal information" in Japan to ensure continuous protection. 4. European Data Protection Board (EDPB) Actions and Observations: Commercial Aspects of the Decision: Positive reception of the "personal data held by the company" definition from the 2020 APPI amendment. Commendation for the expanded right to object and the duty to inform the PPC and data subjects about significant data breaches. Expectation of detailed consent requirements for data transfers to third countries. Close monitoring required for "pseudonymized personal information." Encouragement for the EU and Japan to draft standardized clauses for consistent and strong safeguards during data transfers. 5. Future Considerations: EDPB supports the European Commission's plan to revisit the Adequacy Decision in 4 years. The confirmation of the EU-Japan Adequacy Decision soon after the EU-US Adequacy Decision demonstrates the EU's policy of transparency with third countries concerning personal data, especially in a tech-evolving environment where Artificial Intelligence is becoming increasingly influential. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

Entering the contractual realm of generative AI presents challenges, especially concerning intellectual property and confidentiality. This guideline overviews the key contractual considerations for generative AI tools. It is a practical guide for businesses dealing with generative AI agreements. Please note that the guidelines outlined here may be adjusted according to local legislation. Overview of Generative AI Agreements Generative AI agreements regulate the use of AI tools and lay out the rights and obligations of the user and the provider. These contracts are vital to protecting your company's interests, confidential information, and intellectual property. There are generally two types of agreements that govern the use of generative AI tools: Online terms of service or terms of use: These are the standard agreements that accompany most tools. However, they are often less favorable to the user and tend to favor the provider. Negotiated agreements: These are bespoke contracts tailored to the user's specific needs. They often offer more favorable terms, including more protection for your company's intellectual property and confidential information. Some providers offer an "enterprise" or "business" version of their tool, which typically comes with more customer-friendly terms. Although they come with additional fees, they may provide valuable contractual protections against some of the risks associated with using generative AI. Be aware that some providers offer plugins or APIs that may be subject to different terms than the base version of the tool. These solutions can enable seamless integration of the AI tool with your company's technology, but it's essential to understand the specific terms that apply. Rights in Prompts Most terms of use state that the end user owns the prompt. However, it is crucial to read the fine print, as the provider may still have broad rights to use and distribute the prompt. Even if you own the prompts, the provider may have the right to use, prepare derivative works based on, and distribute them. In some cases, unless you have opted out or signed up for a business account, the provider may also have the right to use the prompts as training data. Submitting confidential or valuable proprietary data in prompts can indirectly benefit other tool users, including competitors, or expose the data to other users. Implementing a generative AI use policy can help set guardrails on how your company's information is used in prompts. Ensure that your employees and contractors are aware of this policy. Rights in Outputs Like prompts, terms of use often state that the end user owns the outputs. However, the provider may still have crucial rights to distribute or publish the outputs to other users or use them as training data. Read the terms carefully to understand the provider's rights to use and distribute the outputs you generate. If it's problematic for your company, check if the provider offers private enterprise or business accounts or opt-out mechanisms. If you anticipate generating valuable outputs, carefully evaluate the provider's rights to use those outputs. Consider opting for a private enterprise or business account, or reconsider your use cases. Confidentiality Many terms of use do not subject the provider to confidentiality obligations regarding prompts or outputs. This can expose your company to the risk of disclosure. Providing third-party confidential information or personal data in prompts can put you in breach of nondisclosure obligations, privacy laws, or contracts. Consider a private enterprise or business account with different terms or modulate your use of the tool to avoid disclosing sensitive information. Implementing a thorough generative AI use policy can help manage risks. Indemnities Some providers, especially for enterprise or business accounts, will indemnify for claims arising from infringement of third-party intellectual property. Many terms of use contain broad indemnity obligations on end users, covering claims arising from their use of the tool, applications they develop, and violations of the terms or laws. Your company's use of generative AI may result in broad indemnification obligations but limited or no indemnification recourse against the provider. Exclusions and Limitations of Liability Many providers disclaim liability for indirect, incidental, and consequential damages, and some disclaim or cap liability for direct damages. End users typically do not receive significant exclusions and limitations of liability. Your company may be subject to broad liability with little protection from the provider. If possible, negotiate a more customer-favorable approach with the provider. Providers that offer an enterprise or business account option may agree to a higher liability cap. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

The Monetary Authority of Singapore (MAS) has unveiled new measures for Digital Payment Token Service Providers (DPTSPs) to secure the safety of customers' assets. These changes are expected to be implemented by October 2023. I. Overview of New Measures A. Key Requirements for DPTSPs 1. Safekeeping of Customers' Assets in a Statutory Trust: DPTSPs must hold customers' assets in a statutory trust to mitigate the risk of loss or misuse. This measure also aids in asset recovery in case of DPTSP insolvency. 2. Safeguarding Customers' Money: DPTSPs are required to protect customers' funds. This includes implementing proper asset reconciliation and maintaining accurate records. 3. Operational Independence for Custody Functions: DPTSPs must ensure their custody functions are separate from other business units. 4. Clear Risk Disclosures to Customers: DPTSPs should provide comprehensive risk disclosures to customers regarding the storage and management of their assets. 5. Daily Reconciliation of Customers' Assets: DPTSPs are required to conduct daily reconciliations of customers' assets and maintain proper books and records. 6. Restrictions on Lending and Staking Activities: DPTSPs are prohibited from enabling retail customers to participate in lending and staking activities with DPTs. However, institutional and accredited investors can still participate in these activities. B. Regulatory Measures on Market Integrity: The MAS is consulting on measures to tackle unfair trading practices and market integrity risks in the DPT sector. A separate consultation paper, titled 'Consultation Paper on Proposed Measures on Market Integrity in Digital Payment Token Services,' was released and concluded on 3 August 2023. II. Implications for Consumers 1. Risk Awareness: Despite the new measures, consumers are advised to exercise caution due to the risky and speculative nature of DPT trading. Regulations alone may not protect consumers from all losses in DPT trading. Asset segregation and custody requirements only minimize the risk of loss, and asset recovery may face delays in case of DPTSP insolvency. 2. Dealing with Unregulated Entities: Consumers should avoid dealing with unregulated entities, including overseas ones, as it risks losing all their assets. III. Implementation of Proposed Requirements: MAS plans to implement these requirements in the Payment Services Regulations by October 2023. DPTSPs are expected to comply with these new requirements by October 2023. DPTSPs and consumers are encouraged to familiarize themselves with these measures and take appropriate actions to ensure the safety of assets and compliance with regulatory requirements. If you have questions or need assistance navigating the new regulations, please contact us at Prokopiev Law Group. With a broad global network of partners, we have the expertise to ensure your compliance worldwide, providing the support and advice you need to safely and effectively manage your digital assets. Let us help you make the most of the crypto world while ensuring your security and compliance. Contact us today for more information and expert guidance. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

China has officially introduced a new set of regulations governing the use of generative artificial intelligence (AI) technology in providing services to the public. The Interim Measures for Administration of Generative Artificial Intelligence Services ("Interim Measures") were released by the Cyberspace Administration of China ("CAC") after months of deliberation and revision, taking effect on 15 August 2023. The Interim Measures apply to the provision of generative AI services to the public in China, which utilize generative AI technology to generate content such as text, pictures, audio, and video. The regulations do not apply to research, development, and application of generative AI technology that does not involve service provision to the Chinese public. Application to Domestic and Foreign Providers The regulations also extend to foreign AI service providers offering services to the Chinese public. Such providers must adhere to Chinese laws and regulations, including the Interim Measures. In cases of non-compliance, the CAC may notify relevant organizations to take measures to address the non-compliance, which could include blocking access to services or sanctioning the providers. The use of generative AI technology in news publication, film and TV production, cultural creation, etc., may fall under industry-specific regulations. Foreign investment in generative AI services should comply with the PRC foreign investment laws and regulations. Obligations for Provision and Use of Generative AI Services Providers and users of generative AI services must uphold socialism core values, avoid fake and harmful information, and respect third-party IP rights, trade secrets, privacy, and other personal rights. They must not engage in monopoly or unfair competition activities. Providers must prevent discrimination in algorithm design, training data selection, model creation, and service provision. They must also improve service transparency and content accuracy, and reliability. Specific Obligations for Providers Providers should: Conduct data training legally, ensuring data sources are legal, free from IP infringement, and have individual consent. Properly annotate data, establish annotation rules, conduct quality assessments, and provide training for annotators. Assume responsibility as internet information content producers and personal data processors, signing contracts outlining rights and obligations with users. Guide users to use AI services legally and take measures against minors' overreliance or addiction. Protect user input information and use records, and avoid illegal storage or provision to others. Label AI-generated content per the PRC Administrative Provisions on Deep Synthesis of Internet-based Information Services. Provide safe, stable, and continuous services. Address illegal content or use, take measures to cease generation or transmission, remove content, and report incidents to authorities. Establish complaint mechanisms. Conduct security assessments and algorithm filings for AI services capable of influencing public opinion or causing social mobilization. Liabilities for Violations Violations will be punished according to relevant laws, including the PRC Cyber Security Law, the PRC Data Security Law, and the PRC Personal Information Protection Law. Violators may receive warnings, be ordered to make rectifications, or face service suspension in severe cases. Conclusion and Looking Ahead Although the Interim Measures are broad and pending further clarification, they indicate the direction of generative AI service regulation in China. With more comprehensive legislation on the horizon, AI businesses should review their operations and strengthen compliance efforts. If you have any questions or need assistance navigating these new regulations in China or elsewhere, don't hesitate to contact us at Prokopiev Law Group. With our extensive global network of partners, we're well-equipped to ensure your compliance worldwide. As the AI sector evolves, our experienced team will help you stay ahead of the curve, ensuring your operations meet all legal requirements. Get in touch with us today, and let us help you thrive in the ever-changing world of AI. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

Effective November 16, 2022, the European Union (EU) introduced the Digital Services Act (DSA), which has set the stage for global digital service regulation advancements. The DSA introduces new rules for "online intermediaries," including online marketplaces, social media platforms, and internet service providers. Its primary purpose is to stimulate market expansion while simultaneously ensuring clarity and transparency for the responsibilities held by digital platforms. Although the DSA has been operational for almost eight months, the European Parliament has granted a transition phase, culminating on February 17, 2024. By this date, organizations are required to have the necessary processes in place to comply with DSA's stipulations. Scope of Coverage The enactment of the DSA brings new regulatory obligations for providers of online intermediary services. As defined by the European Parliament, these providers ("Providers") include all entities offering information society services — services rendered in exchange for compensation following a request initiated by a consumer. Specifically, the DSA's scope encompasses Providers that: Act as a simple intermediary for information and/or access, including telecommunications service providers; Store or host information to make it available to users and/or third parties, including app stores, content-sharing platforms, and online travel and accommodation platforms; or Offer permanent storage of information, such as cloud services. Obligations Under the DSA The DSA outlines responsibilities for Providers to foster a transparent and trustworthy digital space. Under the DSA, Providers must: Produce and publish annual transparency reports on content moderation efforts, including the steps taken to enforce terms and conditions; Collaborate with national authorities when instructed, such as by promptly informing the relevant supervisory body about actions taken in response to orders; Prominently display clear terms and conditions for content moderation practices and provide easily accessible information on the right to terminate service usage; and Designate a single electronic point of contact for formal communication with EU supervisory authorities, even if the Provider is based outside the EU. The DSA imposes tiered obligations based on the Provider's size and the type of services offered. All online platform and online engine providers, except those qualifying as small and micro platforms per Commission Recommendation 2003/361/EC, were mandated to disclose their active user numbers on their websites by February 17, 2023, and to update this data every six months after that. The European Commission encouraged Providers to share these figures with the Commission to aid in the category classification process. There are four categories: Intermediary service providers (a broad category further subdivided into internet access providers, domain name registrars, and the three sub-categories below); Hosting services (e.g., cloud services storing user information); Online platforms or Providers connecting sellers and consumers (e.g., Social media platforms); and Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), both defined as platforms or search engines with over 45 million active monthly users in the EU. On April 25, 2023, the Commission released its first category designations and outlined subsequent steps for designated VLOPs and VLOSEs. Depending on category designation, extra obligations range from Providers reporting criminal offenses to national law enforcement or judicial authorities to annual risk assessments for VLOPs and VLOSEs. When implementing the DSA, Member States may need help interpreting their definition of illegal content, as the prevailing rule in the EU is that content deemed illegal in a specific Member State "should only be removed within the territory where it is illegal. Ensure your compliance in the digital world, both in the EU and globally, with Prokopiev Law Group. With our extensive global network of partners, we are poised to assist you in navigating the complexities of the DSA and other regulatory frameworks worldwide. We offer expert guidance and support if you need more information on the DSA, help with compliance or any other inquiries. Reach out to us today for trusted, comprehensive legal assistance. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

The wave of AI isn't just coming, it's already here, reshaping the tech landscape. But while countless companies are diving head-first into AI-driven waters, most are treading without a legal life jacket. Let's fix that. This guideline offers a high-level roadmap designed to be tailored to local regulations. It's a no-nonsense look into the principles and practices every software firm should know before venturing further into the AI realm. The Path to Longevity: Achieving longevity in the tech space requires more than innovation; it demands consistency and adherence to fundamental principles. Integrity: This entails making decisions that resonate with the ethos of doing right, irrespective of circumstances. Discipline: It's about unwavering commitment, ensuring every decision and action aligns with the overarching vision of long-term relevance and success. Construct Your Core Values for AI Navigation: 1. Champion the Details: Excellence is in the minutiae. Amid vast tech offerings, distinguishing yourself often comes down to the nuances. Prioritizing the small details can mean the difference between ordinary and exceptional, especially in AI, where precision is key. 2. Growth Through Process: Every stumble is a stepping stone. When faced with technological challenges, adopt a mindset that seeks to learn from every setback. By internalizing these learnings, you can refine processes and enhance your approach to AI deployment. 3. Forge Your Standards: Stand out, don't just fit in. Setting and adhering to your benchmarks is vital in an industry that's always in flux. Aim to pioneer, not just participate. Let your vision, not industry norms, dictate your aspirations. 4. Foster Open Communication & Mutual Respect: Unity is strength. The best solutions emerge when barriers are non-existent. Create an atmosphere where ideas are shared freely, every contribution is valued, and collaboration trumps hierarchy. 5. Prioritize the End User: Serve, don't just sell. Every technological endeavor should prioritize the user experience. Whether it's an AI product or service, ensure that decisions enhance user value and aren't merely driven by business expedience. Key Principles for Ethical AI Deployment 1. Accountability in AI Output: Own your AI's output. While AI can generate vast amounts of content or data, the onus of that output's authenticity and integrity rests squarely with you. It's not just about what AI can produce but ensuring what it produces aligns with factual and legal standards. 2. Prioritize Data Privacy & Security: Guard data like it's gold. AI systems often require massive data sets for training and operation. Ensure that user data remains confidential, encrypted, and handled carefully. Respect for users means prioritizing their data's security above all else. 3. Transparency in AI Features: Clarity breeds trust. Whenever AI-driven features are customer-facing, it's paramount to clearly indicate their presence. Users should be aware when they're interacting with or receiving content from an AI entity. 4. Review & Oversight Mechanisms: Consistent vigilance ensures accuracy. Establish processes where AI-generated material undergoes review. This prevents the dissemination of misleading, inaccurate, or potentially infringing content. Regular audits can also help detect biases or errors that creep into AI outputs. 5. Legal Compliance & Third-party Rights: Tread with awareness. AI's vast capabilities should always be deployed within the contours of the law. Ensure that the use of generative AI does not infringe on third-party rights, and always keep abreast of applicable laws, especially those related to privacy. 6. Ethical Intent is Non-negotiable: AI is a tool, not an excuse. Always deploy AI with lawful and moral intentions. Steering clear of disinformation, manipulation, discrimination, and other unlawful or unethical practices is essential. Remember, the intent behind the technology defines its impact. 7. Stay Updated & Adaptive: AI evolves, so should your approach. The world of AI is dynamic. It's crucial to monitor ongoing developments in both technology and regulatory frameworks. As changes emerge, periodically revise your guidelines to stay relevant and compliant. Straightforward Best Practices 1. Clear Designation of AI Outputs: Mark the AI's territory. Whenever generative AI produces content, clearly label or indicate it as such. This practice ensures clarity for end-users and differentiates between human-generated and AI-generated content. 2. Continuous Verification: Trust, but verify. Regularly check and cross-reference the facts and data AI presents. While AI can quickly process vast amounts of information, human oversight ensures factual accuracy and relevance. 3. Bias Monitoring: Ensure AI's neutrality. Constantly assess AI outputs for any unintentional biases. By using diverse training datasets and running frequent assessments, you can minimize the risk of skewed or biased information. 4. Adherence to T&Cs: Stay within the boundaries. Always operate within the terms and conditions set by the AI software provider. They're there not just as legal formalities but often contain insights into optimal and ethical use. 5. Avoid Overfeeding Data: Less can be more. Feed the AI system only the data it requires for a specific task. Avoid excessive data input, which can lead to unintended outcomes or compromise efficiency. 6. Explicit User Consent: Keep users in the loop. Always obtain explicit consent if collecting user data or feedback to refine the AI. Make users aware of what their data will be used for and ensure it is only repurposed with their knowledge. 7. Develop an AI Ethics Committee: Many minds, better outcomes. Consider forming a dedicated team or committee that regularly reviews AI deployments, suggests improvements, and ensures that the use of AI remains within ethical and company boundaries. Integrating AI into Products 1. Legally-Backed Foundations: Source Intellectual Property Wisely: Ensure that the AI models and algorithms you employ respect intellectual property rights. Avoid using third-party models without clear licensing terms. When in doubt, consult legal counsel. Understand Liability Implications: Familiarize yourself with the legal ramifications if your AI-driven product malfunctions or produces unintended results. Insurance, warranties, and clear terms of use can mitigate some risks. 2. Design for Transparency: Clear AI Indicators: For any section of the product driven by AI, whether content suggestions or data analytics, provide clear indicators that AI is in operation. User-Friendly AI Explanations: Offer easy-to-understand explanations about how AI works. This demystifies the technology for the end user and builds trust. 3. Data Handling with Care: Incorporate Data Rights: Ensure users have the right to access, rectify, or delete their data. Adhering to global data protection regulations, like GDPR or CCPA, can provide a robust framework. 4. Evolving AI Responsibly: Feedback Loops: Implement systems where user feedback can help refine and improve the AI, ensuring it evolves in alignment with user needs and preferences. Regular Audits: Schedule periodic reviews of the AI's performance, ensuring it aligns with product goals and ethical standards. 5. Open Channels for Concerns: Dedicated Communication Channels: Create avenues for users to report concerns or issues related to AI functionalities. This can be crucial for catching oversights and building user trust. 6. Stay Updated & Compliant: Legal Landscape Awareness: Given the rapid advancements in AI, regulatory landscapes can shift. Regularly update your understanding of local and international AI regulations to ensure continued compliance. Regular Product Updates: As AI technology evolves, ensure your product does too. This optimizes performance and promptly addresses any newfound vulnerabilities or ethical concerns. AI Features of Third-party Vendors 1. Due Diligence is Key: Reputation Review: Delve into the vendor's track record. Has their AI solution been associated with any controversies or litigations? A clean slate is preferable. Legal Framework Check: Ascertain the vendor's adherence to local and global regulations relevant to AI, such as data privacy laws. 2. Clear Licensing Agreements: Rights and Restrictions: Understand the extent of rights provided by the vendor. Are there any restrictions on AI feature usage, data sourcing, or integration with other systems? Liability Clauses: Clearly outline responsibilities in case of AI malfunction or any other adverse outcomes. Who bears the onus – you or the vendor? 3. Transparency Matters: Source Code Access: Determine if the vendor allows access to the AI's source code. While only sometimes necessary, it can be beneficial for troubleshooting or customization. Model Training Information: Ask about the data used to train the AI. This can provide insights into potential biases or ethical concerns. 4. Data Protection Protocols: Data Handling Norms: Probe how the vendor's AI solution will handle user data. It’s essential to ensure that data privacy isn’t compromised at any point. Regular Audits: Schedule periodic audits of the vendor’s data management practices to ensure they remain compliant with agreed standards. 5. Continuous Collaboration: Feedback Mechanism: Establish a system to relay user feedback or issues related to the vendor's AI functionality back to them. It aids in refining the solution. Updates and Upgrades: Stay informed about any updates the vendor makes to their AI solution. Regularly updated solutions not only offer better functionality but can also address emerging ethical or legal concerns. 6. Exit Strategy: Transition Clauses: Should you discontinue the partnership, ensure clear terms outlining the transition process, data transfer, or deletion mechanisms. Post-termination Obligations: Delineate any responsibilities, such as data handling or user notifications, that need attention even after the partnership ends. Charting the AI Frontier Diving into the AI realm is like embarking on a space odyssey: thrilling, filled with unknowns, and ripe with possibilities. But, just as in any expedition, a compass is crucial. Here, our ethical and legal compasses guide the journey. As you rocket forward into this brave new world, know this: Prokopiev Law Group is your co-pilot, ready to navigate the stars with you. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

Definition of DeFi and CeFi Decentralized Finance (DeFi): a decentralized structure where smart contracts power financial services autonomously. DeFi circumvents the need for central intermediaries, aiming to establish a transparent and open financial ecosystem. Centralized Finance (CeFi): Rooted in traditional financial principles, CeFi operates through central intermediaries, which act as bridges between fiat currencies and other assets. The advent of DeFi was underlined by the desire to innovate the financial system by simplifying transactions and reducing regulatory burdens. The proponents of DeFi posited that a decentralized architecture could lead to a more streamlined economy. CeFi, on the other hand, evolved as a response to the need for order, control, and safety in financial operations. The European Perspective In May 2023, the ESRB, an essential EU body within the European System of Financial Supervision, presented an incisive analysis of CeFi. The analysis briefly noted that CeFi's essence lies in services run by centralized intermediaries, often the principal conduits between fiat currencies and other assets. The regulatory landscape in the EU has undergone a significant transformation, especially post the financial crisis 2008. Recent directives such as Directive (EU) 2019/879 (commonly referred to as BRRD2) and the introduction of the MiCA Regulation underline the commitment to minimize the potential impact on the financial system and economy, even as non-traditional currencies come under a robust framework. Contrasting Legal Underpinnings of DeFi and CeFi DeFi's trading occurs through decentralized peer-to-peer digital asset exchanges, allowing less data to be in the hands of central institutions. The non-custodial nature of such exchanges permits investors/users greater control over their investments. While CeFi operates within well-established legal paradigms, DeFi offers legal flexibility. It's a double-edged sword; while it fosters innovation and access, it also poses challenges to enforcing traditional legal standards. DeFi's Unique Prospects In stark contrast to CeFi, Decentralised Finance (DeFi) offers unprecedented inclusivity. DeFi has the potential to bridge the gaps left by traditional finance, allowing anyone with an internet connection to access financial services. This is an innovative leap toward financial equality. DeFi, powered by smart contracts and other novel technologies, provides enhanced transparency. Transactions are auditable, minimizing the chances of fraud, and the decentralized nature of the system offers a theoretically higher level of market efficiency. The technology-driven approach of DeFi may, in fact, pave the way for minimizing information asymmetry, which has been a persistent challenge in traditional finance. Current Trends and Future Convergence The European Systemic Risk Board (ESRB) has notably observed that CeFi will likely remain dominant in the financial landscape. Despite the rise of DeFi, the current CeFi predominance in digital-asset markets reveals a preference for convenience over more complex, self-custodial decentralized services. The introduction of the Markets in Crypto-assets (MiCA) Regulation has opened a new chapter in the coexistence of CeFi and DeFi. By putting non-traditional currencies under a robust framework, MiCA strives to enhance investor protection and promote stability within the EU's financial system. Rather than replacing CeFi, DeFi has to find a harmonious space within the existing financial architecture. Legal Guidelines for DeFi Builders DeFi builders must remain vigilant and adaptive to the evolving regulatory landscape. Here are key areas to monitor: Understanding the Regulatory Environment: Familiarize yourself with local and international regulations that may apply to DeFi. This includes monitoring new directives, such as the MiCA Regulation in the EU, that can impact decentralized finance. Compliance with Anti-Money Laundering (AML) and Know Your Customer (KYC) Protocols: Implement robust AML and KYC procedures in line with global standards to mitigate risks associated with financial crimes. Data Protection and Privacy: Uphold stringent data protection measures to ensure user privacy while balancing the need for transparency and auditability within decentralized systems. Adaptation to Emerging Resolution Regimes: Stay informed about resolution regimes like Directive (EU) 2019/879 (BRRD2) and their potential applicability to decentralized entities. Risk Management and Consumer Protection: Implement comprehensive risk management strategies and maintain clear and transparent communication with users to protect their interests. Engagement with Regulators and Legal Experts: Maintain an open dialogue with regulators and seek guidance from legal experts specializing in decentralized finance. This proactive approach can provide foresight into upcoming regulatory changes. Global Coordination and Collaboration: Consider joining industry associations and engaging with international peers to share best practices and align with global regulatory trends. Embarking on the DeFi journey requires meticulous legal navigation. At Prokopiev Law Group, we bridge the gap between innovation and compliance. Leveraging our broad global network of partners, we ensure your adherence to regulations in the EU and worldwide. The financial landscape is evolving, and so are the legal intricacies. Don’t let legal uncertainties be a roadblock to your innovative pursuits. Reach out to us, and let's unravel the legal maze together, shaping a secure and prosperous future in decentralized finance. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

Artificial Intelligence (AI) plays a pivotal role in many modern-day technologies. Integral to the functioning of these systems is the "input data" or "prompt," which instructs the AI to perform specific tasks or generate new information. Understanding the implications of using personal data within these prompts, especially under the General Data Protection Regulation (GDPR), is vital for legal compliance. What is a Prompt? Prompts are foundational datasets provided to an AI system to initiate a specific action. These can manifest in various forms: Text prompts Image prompts Significantly, prompts may or may not carry personal information. For instance, asking an AI about the capital of France wouldn't entail any personal data. However, instructing the AI to provide a birthday message for Anna Thompson, a financial analyst in Berlin, incorporates the use of personal information. Processing Personal Information: Implications under GDPR If an entity decides to infuse a prompt with personal data, this activity is classified as "processing" under GDPR. Consequently, it's imperative that the entity bases this processing on at least one of the six lawful grounds sanctioned by the GDPR. Below we enumerate these grounds: Consent: Processing can be grounded on an individual's explicit consent. However, GDPR mandates certain stringent criteria for what can be accepted as valid consent. Contract: Personal data can be processed if it is crucial for the execution of a contract involving the concerned individual. Legal Obligations: If European legal obligations dictate an entity to process personal data, this action complies with GDPR. Vital Interests: When it's paramount to safeguard an individual's life or "vital interests", processing their personal data is justified. Public Interest: In scenarios where the processing is mandated for tasks aligned with the broader public good or "public interest," using personal data is lawful. Legitimate Interest: Entities can base their processing on their legitimate interests or those of a third party. However, this is valid only if these interests do not supersede the individual's fundamental rights and freedoms that advocate for protecting their personal data. Data Minimization and Purpose Limitation GDPR emphasizes the principle of data minimization. When using AI, processing only the minimum necessary amount of personal data is essential. Personal data should be processed transparently and fairly. Central to this concept is the idea of purpose limitation. Here's a deeper dive into this principle: Explicit & Legitimate Purposes: Data collection should always have a clear, specific, and legitimate reason, as was mentioned above. No Further Processing Incompatible with Original Purpose: Once data is collected for a specific purpose, it should not be used for another purpose the individual did not originally consent to or is unaware of. For example, if a user provided their email address for a monthly newsletter, using that email address for a different, unrelated marketing campaign without explicit consent would breach the purpose limitation principle. Transparency with Data Subjects: Organizations must be transparent with individuals about data collection purposes. Retention and Purpose Relevance: Data should be kept only as long as necessary for the original purpose. Suppose the purpose of the data collection becomes obsolete. In that case, e.g., an event registration has concluded, the data related to that purpose should be reviewed for deletion unless there's a legal reason to retain it. Data Review and Update: Organizations should regularly review the data they hold to ensure they're processing it only after its initial purpose. This also helps in maintaining data accuracy and relevance. Data Subject Rights Individuals, or 'data subjects,' have specific rights under GDPR that organizations must uphold: Right to Access: Individuals can request access to their personal data and inquire about how it's being used. Right to Rectification: If personal data is inaccurate or incomplete, individuals have the right to correct it. Right to Erasure ('Right to be Forgotten'): Individuals can demand that their data be deleted under certain conditions. Right to Object: Individuals have the right to object to processing their data in specific circumstances, especially for direct marketing. Data Protection by Design Organizations are encouraged to adopt a 'data protection by design' approach when integrating AI systems. This involves considering privacy at the initial stages of product development, ensuring that systems are designed from the ground up to protect personal data. Risk Assessments A thorough risk assessment should be conducted before deploying AI systems that process personal data. This helps to: Identify potential threats and vulnerabilities. Implement necessary controls to mitigate risks. Ensure GDPR compliance from a risk management perspective. Accountability and Record-Keeping Under GDPR, organizations have to comply and demonstrate their compliance. This means: Maintaining detailed records of data processing activities. Implementing relevant policies and procedures. Regularly reviewing and updating these measures. International Data Transfers AI often operates in a global ecosystem. When personal data crosses European borders, organizations must ensure that the receiving country offers adequate data protection in line with GDPR. Final Thoughts Harnessing the power of AI while navigating GDPR's complex maze can be challenging. However, organizations can innovate responsibly with due diligence, informed decisions, and a commitment to data privacy. As always, engaging legal expertise when in doubt ensures a smoother journey in the evolving landscape of AI and data privacy. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

As artificial intelligence (AI) systems become increasingly sophisticated, they are touching various spheres of legal concern - from intellectual property rights to liability, and from privacy and data protection to discrimination and governance. This article explores these issues, discusses potential risks and implications, and analyzes different legal relationships between AI platforms and their users. Furthermore, it highlights the measures developers can take to manage these challenges, including examining AI's role in creating and testing code. Intellectual Property Rights and AI IP Protection and Ownership: An AI Perspective In the realm of AI, conventional IP laws are being stretched to their limits. The distinction between human-generated and AI-generated content is becoming blurred. AI platforms such as OpenAI, Copilot, and Tabnine demonstrate this by adopting different legal stances. OpenAI, for example, gives the user all rights, titles, and interests in its outputs. Other popular AI platforms retain the rights and grant licenses to users instead. Understanding the Conundrum of AI-Generated Content On the one hand, an AI-generated output may not be unique, making the idea of exclusive rights challenging. On the other hand, granting users a license instead of assigning rights, as practiced by Copilot and Tabnine, brings its own complexities. The right to incorporate user suggestions or feedback and to use customer data for internal business purposes further complicates matters. AI Training and the Challenges of Third-Party IP Usage The use of third-party IP in AI training poses unique challenges. Tabnine, for instance, assures users that their code will solely be used to develop "Tailor Made Services," without granting any IP rights to the platform. However, questions around potential infringement still persist, such as those raised in the ongoing US claim involving Copilot. AI and Software Development: Evaluating Potential Infringements AI's role in software development has brought forward issues around potential infringements. Several platforms have faced allegations of copyright infringements due to the training data used. The legal implications of using AI in software development, such as whether AI-generated code could be seen as a violation of warranties of authorship or open-source code use, warrant careful consideration. Assigning Accountability: Data Scientists, Developers, or Executives? Identifying the responsible party when things go wrong is a challenge in the AI landscape. Is it the data scientists who curated the training data, the developers who integrated the AI into the system, or the executives who approved the usage? The responsibility may lie within the organization, but its precise location remains ambiguous. Understanding the Standards of Care in AI-Driven Decisions When AI tools drive decisions, the standard of care expected may not be clearly defined. This lack of definition brings up a host of legal questions. For instance, should AI outputs be treated as the final word or a mere suggestion? Also, what constitutes a breach of standard care in such contexts? Privacy and Data Protection Complying with Privacy Laws: Challenges and Solutions AI's voracious appetite for data, essential for training and refining models, often collides with privacy regulations. AI systems, especially those based on machine learning, are often termed "black boxes" due to their inherent complexity. This complexity can make it challenging to provide the transparency required under data protection laws. However, newer approaches such as explainable AI can help in simplifying these systems without compromising their functionality. GDPR and AI The General Data Protection Regulation (GDPR) imposes stringent accountability obligations on AI systems processing personal data. Ensuring compliance with these obligations, especially the principles of data minimization and purpose limitation, can be demanding. Cross-border Data Processing: Implications and Precautions AI often involves processing data across borders, leading to jurisdictional issues and potential clashes with different data protection laws. Thorough due diligence and compliance with international data transfer rules help to avert possible legal risks. Governance and Regulation of AI Regulatory Frameworks for AI: Balancing Innovation and Safety Regulations around AI walk a fine line between fostering technological advancement and ensuring public safety. There's an exigent need to scrutinize the balance struck by current frameworks, considering the twin goals of safeguarding the public interest and encouraging innovation. AI and Liability: Exclusionary Tactics and their Consequences In the event of errors or damages caused by AI, attributing liability is a complex task. The ramifications of current tactics, which often seek to limit liability, necessitate thorough investigation. Understanding these will illuminate the broader landscape of legal challenges in the AI field. Recommendations for Developers in the AI Space As AI continues to transform the landscape of various sectors, developers need to stay ahead of the curve. We provide recommendations on handling intellectual property rights, complying with privacy laws, and ensuring transparency, amongst others. The complexities of AI's legal landscape are vast and evolving. By understanding and anticipating these complexities, we can mitigate risks and create a future that best leverages the potential of AI. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

Decentralized Autonomous Organizations (DAOs) are revolutionizing the digital business landscape, providing a robust, resilient, and inherently democratic model for organizational structure and decision-making. DAOs are blockchain-based entities run by smart contracts - self-executing contracts with the terms of the agreement being directly written into lines of code. Blockchain, the underlying technology that enables DAOs, is an innovative form of distributed ledger technology (DLT). This technology allows the recording of transactions across a multitude of computers transparently and securely. By decentralizing the decision-making process and introducing a cryptographic level of security, blockchain technology eradicates the need for centralized governance structures and trust intermediaries. Industry Trends in DAO Support As DAOs continue to burgeon, they are becoming increasingly appealing to various industries. Some prevailing trends include: Interoperability: Various blockchain networks are working towards interoperability, aiming to streamline cross-chain interactions, thus increasing the flexibility and efficiency of DAOs. Tokenization: This trend empowers members to make collective decisions based on their token holdings, injecting a tangible sense of ownership and commitment into the decision-making process. Regulatory recognition: Certain jurisdictions now acknowledge DAOs as legal entities, offering them further legitimacy and increasing potential for mainstream adoption. Challenges of Incorporating DAOs Despite the substantial benefits, incorporating DAOs has its challenges. One of the critical challenges is: Regulatory compliance: Blockchain technology transcends national borders, making it hard to conform to a single jurisdiction's legal framework. Additionally, DAOs face: Smart contract vulnerabilities: As DAOs operate based on smart contracts, any inherent bugs or vulnerabilities in these contracts can potentially cripple the entire organization. Governance issues: Ensuring fair, transparent, and effective decision-making can be difficult within a decentralized environment where stakeholder interests may diverge significantly. The Importance of Decentralisation in DAOs Decentralization, the core principle underpinning DAOs, brings forth significant advantages such as: Transparency: All transactions are open for scrutiny by any member, promoting accountability within the organization. Resilience: By dispersing decision-making authority across a network, DAOs can withstand shocks and disruptions that might otherwise incapacitate a traditional, centralized entity. Inclusivity: Decentralisation paves the way for broader participation, enabling stakeholders with token holdings to contribute to the decision-making process. While DAOs hold great promise for creating more democratic, transparent, and resilient organizational structures, their success hinges on overcoming regulatory hurdles and ensuring robust governance mechanisms. Framework for DAO Support Vehicles in Gibraltar In Gibraltar, the following legal entities can be used as DAO support vehicles to provide them with a legal persona that allows them to hold assets, enter into contracts, and interact with traditional legal systems. Private Foundation A Private Foundation is a legal entity with a separate legal personality established by a founder (or founders) who endows the foundation with assets to be utilized for a specific purpose. This purpose can be charitable, non-charitable, or a mix of both. In the context of DAOs, a Private Foundation can be established to hold assets on behalf of the DAO, providing a legal entity through which the DAO can interact with the broader world. Purpose Trust A Purpose Trust is a form of trust that, unlike a traditional trust, is not established for the benefit of identifiable beneficiaries but for the achievement of specific purposes. Gibraltar law recognizes both charitable and non-charitable Purpose Trusts. In the realm of DAOs, a Purpose Trust can be established to hold assets and perform actions to fulfill the DAO's objectives. This arrangement can provide an additional layer of security for the DAO's assets and ensure they are used per the DAO's established purposes. Company Limited by Guarantee A Company Limited by Guarantee (CLG) is a company that does not have share capital or shareholders but instead has members who act as guarantors. This structure is commonly used for non-profit organizations, where the members guarantee to contribute a predetermined amount to cover the company's liabilities. In the context of DAOs, a CLG can provide a traditional legal structure through which the DAO can operate. The DAO could govern the CLG, allowing it to interact with the traditional business world while maintaining a DAO's decentralized governance structure. When to Establish a DAO Support Vehicle The decision to establish a DAO support vehicle largely depends on the specific needs and circumstances of the DAO. In general, a DAO support vehicle should be considered in the following scenarios: Asset Ownership: If the DAO needs to own physical assets or hold intellectual property rights, a support vehicle can provide the legal structure necessary. Contractual Obligations: If the DAO needs to enter into contracts with other entities or individuals, a support vehicle can provide the legal persona to allow this. Regulatory Compliance: A support vehicle can help to navigate regulatory frameworks that may not have been designed with decentralized autonomous organizations in mind. Legal Protection: In case of legal disputes or liabilities, having a legal persona separate from the individual members can provide an added layer of protection. Future of DAOs and Their Legal Interaction As we navigate the intersection between blockchain technology and the existing legal system, the future of DAOs and their legal interactions appear promising yet complex. DAOs are a powerful tool for decentralized governance and could be at the forefront of a new era of corporate structures in which decision-making power is more evenly distributed amongst stakeholders. However, worldwide legal frameworks are yet to catch up with this technology fully. Using traditional legal entities as DAO support vehicles represents a solution to bridge this gap. In this way, DAOs can function within existing legal systems while retaining their decentralized and autonomous nature. However, it is also crucial that lawmakers and regulators continue to develop and adapt legal frameworks to accommodate DAOs better. The future will likely see more jurisdictions offering bespoke legislation to facilitate and regulate DAOs, acknowledging their unique features and requirements. As these developments unfold, the relationship between DAOs and the law will continue to evolve, forging a new path for digital governance and collaboration. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

The Monetary Authority of Singapore (MAS) has released a new set of proposed regulations concerning Digital Payment Token (DPT) service providers. The enhanced regulatory measures, set to effect by year-end, aim to reduce risk and safeguard customer assets. These vital regulatory measures were unveiled in response to a public consultation held in October 2022 that demonstrated considerable interest from diverse participants. Key expectations that emerged from the process included: The segregation of customers' assets from the service provider's holdings, ensuring they are securely held in trust. The implementation of safeguards to protect customers' funds. The commitment to daily reconciliation of customer assets and the maintenance of comprehensive records. Establishing robust access controls to customers' DPTs within Singapore. Ensuring the independence of the custody function from other business operations. Providing clear, unequivocal disclosures on risks associated with having assets held by the DPT service provider. Moreover, to protect the interests of retail investors, MAS has declared a restriction on DPT service providers from facilitating lending or staking activities with retail customers' DPTs. While this proposal received mixed responses, MAS has decided to proceed with it. Nonetheless, such activities can still be facilitated for institutional and accredited investors. MAS acknowledges the inherent risks associated with DPT trading. Consumers are urged to remain vigilant, especially when dealing with unregulated entities, including overseas-based organizations. Although the new measures reduce the risk of asset loss, consumers may still face delays in asset recovery in case of service provider insolvency. Furthermore, MAS announced a separate consultation paper introducing regulatory measures to combat unfair trading practices within the DPT sector. This paper proposes new requirements for DPT service providers and identifies specific wrongful conduct considered an offense. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.

The European Commission has set its sights on the next frontier: Web 4.0 and Virtual Worlds, often synonymous with the burgeoning concept of the metaverse. The Commission recently rolled out an extensive strategy outlining how these advanced technologies could revolutionize how European Union (EU) citizens live, work, and interact. The strategy leans on four core themes from the Digital Decade policy program and the Commission's Connectivity package: People and Skills, Business, Government (covering public services and projects), and Governance. Virtual Worlds and Web 4.0 From the Commission's perspective, Virtual Worlds can be described as immersive, enduring environments. These are enabled by 3D and extended reality (XR), blending the digital and physical realms in real time for a diverse array of applications. Web 4.0, according to the Commission, represents the fourth evolution of the World Wide Web. This advanced iteration will feature ambient and artificial intelligence, the Internet of Things (IoT), trusted blockchain transactions, Virtual Worlds, and extended reality capabilities. All these facets contribute to the seamless integration and communication between digital and real objects, resulting in a continuous merger of the physical and digital worlds. The EU is committed to promoting the adoption and development of Virtual Worlds, and this commitment encompasses bridging the gap between virtual world developers and industry users and investing in new technologies uptake and scale-up. Moreover, the EU seeks to empower citizens with the tools and skills to utilize Virtual Worlds safely and confidently. The overarching goal is establishing the EU as a trailblazer in Web 4.0 and Virtual Worlds. The EU is determined to ensure that the emerging metaverse is shaped to reflect its values, principles, and fundamental rights. This aspiration forms a cornerstone of the EU's latest strategy and a series of related initiatives and announcements. Key Tenets of the EU's Strategy on Web 4.0 and Virtual Worlds People and Skills First and foremost, the European Commission aims to increase the cadre of specialists knowledgeable about Web 4.0 and Virtual Worlds within the EU. This talent augmentation strategy includes the following: Promoting and investing in training and education through programs such as Digital Europe and Creative Europe. Attracting skilled professionals globally to expand the EU talent pool. Introducing the Virtual Worlds "Toolbox" to educate the public about these technologies, including guidelines on managing virtual identities and protecting against disinformation. The Commission's approach also emphasizes child-friendly design for Virtual Worlds and educating youth via the "Better Internet for Kids" Portal. Business Environment The Commission acknowledges the strong industrial potential of Europe in the realm of Web 4.0 and Virtual Worlds. Nevertheless, it identifies specific challenges hampering this potential, such as fragmented technical expertise, slow adoption of new technologies, and limited access to finance. To counter these, the strategy proposes: Enhancing collaboration across all levels of the Virtual Worlds production chain. Establishing the "New European Partnership" to facilitate investments in state-of-the-art technologies and the creation of European data spaces. Developing regulatory sandboxes for testing and refining technologies and services related to Virtual Worlds in a risk-free setting. Moreover, the EU is committed to ensuring market competitiveness and interoperability among platforms, thus guarding against the domination of "large market players." Public Services and Projects The strategy envisages the use of digitalization by local and national governments to enhance public services and address societal challenges like health and climate change. Additionally, the Innovation Friendly Regulations Advisory Group will help identify future initiatives for Virtual Worlds public service. Governance and Regulatory Framework The Commission recognizes the scale of societal change that Web 4.0 and Virtual Worlds may bring, warranting "close cooperation" between the EU and Member States. It plans to convene an expert group of Member State representatives to share best practices. The goal is to create a multi-stakeholder governance process to address aspects of Virtual Worlds and Web 4.0 beyond existing Internet governance institutions' scope. Prospective Actions and Way Forward Looking ahead, the Commission encourages the European Parliament and the Council to endorse the strategy and collaborate in its implementation. It expects progress on most of the strategy's action points over the next year, paving the way for a digital future aligned with the core principles and values of the EU. In conclusion, as the EU embarks on this ambitious journey into Web 4.0 and Virtual Worlds, individuals, businesses, and institutions must understand the implications of this transformative strategy. With our vast global network of partners, Prokopiev Law Group stands ready to guide you through this new digital landscape. We ensure your compliance not only within the EU but also on a worldwide scale. Suppose you seek further information or require legal assistance navigating these emerging sectors. In that case, we invite you to reach out to us. Your digital future is just one conversation away. The information provided is not legal, tax, investment, or accounting advice and should not be used as such. It is for discussion purposes only. Seek guidance from your own legal counsel and advisors on any matters. The views presented are those of the author and not any other individual or organization. Some parts of the text may be automatically generated. The author of this material makes no guarantees or warranties about the accuracy or completeness of the information.