AML stands for anti-money laundering, and its main task is to protect the financial system from being used for criminal purposes. Currently, the virtual currency market is one of the fastest growing in the world. Unfortunately, they are often used for illegal purposes. To prevent this, on May 15, 2021 an amendment to the AML Act entered into force.
In the previous article we wrote about EU 5th AML Directive (2018/843). [1] Currently, after 6 months of passing the 5th AML Directive, the new 6th AML Directive was prepared and passed by the European Parliament and European Council. The new directive (EU 2018/1673) was passed on 23 October 2018 and came into legal effect on the twentieth day following that of its publication in the official journal of the European Union. In respect of the Directive provisions the Member States shall implement the 6AMLD by 3 December 2020 and immediately inform the Commission thereof.
European Union legislator, considering the previous Member States’ experiences, modified the professionalization of electronic communication idea and passed the new law – REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC [1], so-called eIDAS Regulation.
The aim of this Regulation was to increase confidence in the electronic trade market area in extent of e-business and contact with public entities by the introduction of the unified IT solutions legal frames for the entire European Union. These legal frames provide a reliable determination of the natural persons’ and organizational units’ identity.
On September 13 and 14, 2021, KIELTYKA GLADKOWSKI took part in two webinars, organised by Idea Growth (https://ideagrowth.org/), concerning the broadly understood i-gaming and sports betting, which are one of the core specializations of technology sector of KIELTYKA GLADKOWSKI. Each of the webinars had the form of a short 1-hour condensed session conducted by the experts of the above-mentioned fields.
On Monday, September 13, 2021, the first webinar addressed “the imperative of advertising to acquire customers while respecting various state laws and prioritizing responsible gaming practices.”
Technology transfer agreements as well as investment agreements are often accompanied by source code escrow agreements used to secure the IP rights to the software.
Source code
The key of programs and software is the source code. It is the fundamental component of a computer program that is created by a programmer. The source code should be written using a human-readable programming language – usually plain text. The main goal of it is to set exact rules and specifications for the computer that can be translated into the machine’s language.
What is source code escrow?
Sometimes it happens that even if special software tailored to one’s needs is created by a professional company, problems may arise. The investor needs to make every effort to protect company in the event that the contractor’s company ceases to exist, for example because of its bankruptcy or liquidation. In such cases, the solution to secure the transfer of ownership of the source code is to put in place source code escrow agreement. This is a service that helps protect all parties involved in a software licence by having a neutral, independent third party escrow agent hold the source code.
Main principles of source code escrow
