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Car Wars The car of the future legal aspects in a connected world.
This article was published in a special edition of the German newspaper Handelsblatt.
Buzzwords such as connectivity and autonomous driving are the harbingers of a new era that we will face in the next 5 to 10 years The traditional activity of manufacturers and automotive suppliers will become even more closely linked to businesses of other areas, such as software and sensor technology, offering a fully integrated mobility experience.
Similar to the cell phone, now much used for purposes other than voice, in the future, cars will not only provide transportation In addition to improving road safety, autonomous driving is to provide additional leisure time for passengers accordingly, communication and entertainment industry pushes on the market, with an eye on being involved in the design of the vehicle and more.
These disturbing developments will result in new partnerships and acquisitions, as currently demonstrated by examples such as map services and automation technology such partnerships, however, also involve the risk of loss of know-how If you buy a partner, a knowledge drain competitors may be unavoidable.
In addition, automation continues cars involves many new legal issues in areas such as accountability, system security and data protection.
A group of experts dealing with these issues was soon established at White & Case in 2012 Since these subjects can not be discussed in a purely German perspective, White Box has set up a global group focusing on lawyers autonomous driving from 39 offices in Silicon Valley in Tokyo, discuss issues and the basic details related to autonomous driving This enables us to provide customers with an overview of new developments and ideas at an early stage, we would like to share the ideas of some of our experts with you.
What is the current state of the art in science and technology and what is a reasonable expectation of safety What are the risks knowingly accepted monitoring of some of the live data of the monitoring obligation How many products the obligation to monitor products regarding applications and other user go dependent software does not need to autonomous driving is disabled when driving in countries with a different legal situation is still in the driver loop responsibility can oversteer What happens if a driver is unfit to drive voluntary assumption of responsibility on the part of the OEM vis-à-vis the end customer recourse against suppliers choose the car stations -service, garages and hotels violations of competition law.
These are just some of the new issues that need to be clarified German companies must develop a strategy to limit liability and product monitoring international obligations This could be done, for example, by separating such materials, car and software such autonomous driving as a separate service.
Companies will also have to optimize their organization and documentation to be able to respond as quickly as possible whenever defects or security vulnerabilities appear, and to avoid liability on the part of company management A close cooperation with the US in particular experts is desirable.
Autonomous driving requires the processing of data generated by the comprehensive real-time coming from the vehicle itself, as well as other traffic participants This is an absolute requirement for anticipatory driving behavior, adjustments to driving style and risk prevention in general, these data will be attributable to some drivers, thereby creating potentially of great interest complete personality profiles for other industries such as the insurance industry, travel, marketing, government Public prosecution, secret services and even hackers to protect privacy, autonomous driving must meet strict requirements should drivers be fully informed, free choice in the use of autonomous driving, economy data, and security the highest level through encryption to protect against any ut unauthorized ilisation European suppliers are well aware of these challenges.
However, a comprehensive solution requires coordination of sometimes widely differing requirements in different jurisdictions.
Do intersegment transactions require an adjustment of the content and processes do these operations reduce the risk of demarcation between the responsibility of OEM and IT providers are risks related to mergers controllable in various industries, some of which are regulated.
Autonomous driving led to increased competition and a more complex relationship between OEMs, suppliers and IT companies, namely the inter-industry competition The race to position itself as the first mover intensifies, with the traditional understanding of the manufacturer's roles and the shifting iT supplier companies develop their own fully automated vehicles, in some cases in collaboration with traditional automakers.
Interprofessional business acquisitions are increasingly replacing cooperation between companies in the same sector These acquisitions are intended to ensure better protection of intellectual property and development expertise to this end, new alliances between competing manufacturers are not off limits, current projects illustrate different manufacturers.
In the future, detailed NDAs, the due diligence process on many levels, comprehensive intellectual property clauses and new assessments under antitrust law will shape the sectoral M A practice.
Automation as a challenge for the government authorities responsible for type approval and market surveillance through automation support traffic planning Ensuring secure communication with connected cars.
The automation of processes that were previously controlled by the driver triggers a change in the law of road traffic, which focuses on the behavior of the driver, to the right type approval Consequently, government authorities face significant challenges regarding the technological evolution of the programming of self -Driving vehicles is even more complex than that of large-scale technologies, as they must be aligned on a much larger number of different operational situations.
So far, that challenge has been somewhat mitigated by the fact that the legal presumption is that the driver retains control of the car and can take the wheel of command at any time, however, current developments will impact on the right security products accordingly, inspection and external certification authorities largest increase, which also gives rise to new questions of responsibility.
The success of the market for self-driving vehicles can be enhanced by the installation of intelligent transport systems on public roads and streets This would require a safe and reliable communication infrastructure Legislators should set standards, these standards being as participants traffic can rely on these standards met, also in view of the interaction between conventional vehicles and self-driving with the adoption of the Information security Act, the German legislature has already imposed a greater responsibility on Internet providers.
Extends definition driver to include self-driving cars Ability to create new policies and legislation because of perceived security benefits of self-driving cars creation and protection of intellectual property is essential to move forward.
The United States is currently one of the largest markets in the world for autonomous vehicles There has been a significant part of the investment in research and development to transform the automotive industry in the electronics industry The efforts necessarily produce intellectual property issues relating to technology protection and privacy of data.
It is likely that the traditional rules relating to the protection and defense of intellectual property will hit the industry rules and privacy policies of Internet-related data may be imposed in the United States to answer some of these questions recently, the National Highway Traffic safety Administration NHTSA interpreted safety standards of Canadian motor vehicle to include the self-driving autonomous vehicles as drivers in the existing legal framework for new technologies can be developed and adapted to the approval that the government is a remarkable step from existing laws that require human interaction for vehicle functions iE cruise control, stopping, braking, etc.
In the future, trends in intellectual property, privacy and NHTSA will move the industry forward.
Review by US regulators increased following complex scandals in the industry will lead to an increase in US litigation risk of new competition in all technology sectors lead the dislocation of industry and the risk of intellectual property litigation.
Already under scrutiny by regulators NHTSA, automakers and their suppliers will face new demands with the increasing automation is expected that the long arm of US jurisdiction will affect businesses of automobile and technology globally to enforce laws and US standards Although cooperation and standardization are the objectives, global communication networks and the various plans for cybersecurity and data privacy in major markets automotive lead to complex risks that require cross-border experts to navigate the increasing mobility of employees, trade secret and international enforcement of patents and software copyrights expanded in the United States, adding to the risk increasing complex litigation.
This publication is provided as a convenience and do not constitute legal advice This publication is protected by copyright.
Car Wars The car of the legal aspects in the future connected world White & Case LLP International, wars, the future, the legal aspects.