KG LEGAL \ INFO
BLOG

Digital asymmetry. Google’s self-preference assessed by the Court. Polish Ceneo wins over Google. The case concerned favoring one’s own comparison site

Publication date: April 19, 2024

Upon the application of Ceneo, the Polish Regional Court in Warsaw banned the Google search engine from favoring its own price comparison website in search results.

The court’s decision applies to the results displayed to users of the Google search engine in Poland. It was issued as security for Ceneo’s claims to refrain from acts of unfair competition before filing a lawsuit against Google.

Ceneo – a comparison website owned by the Allegro Group, the owner of the e-commerce platform – in its application for granting interim security measure (reference number of the case: XXII GWO 24/24) pointed to four types of Google practices that limit their access to the market. The first is favoring one’s own comparison website (Google Shopping) at the expense of competing services (so-called self-preference), done through the way search results are presented. The second – redirecting traffic to Google Shopping at the expense of Ceneo, and the third – hindering access to the Polish comparison website by deleting search results leading to it.

More

New Technologies and medical devices procedures

Publication date: April 17, 2024

More

“THE MOST EXPENSIVE PREVENTION IS ALSO CHEAPER THAN THE CHEAPEST TREATMENT” – LEGAL REGULATIONS FOR REPORTING PERFORMANCE TESTS OF A MEDICAL DEVICE FOR IN VITRO DIAGNOSTICS

Publication date: April 17, 2024

Medical devices for in vitro diagnostics.

In vitro diagnostic medical devices are intended for testing samples taken from the human body. This test is carried out outside the human body (in vitro) in laboratory conditions, as well as at home, in the case of products intended for self-testing. In accordance with the definition contained in Art. 2 point 2 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ EU, L. of 2017, No. 117, p. 176, as amended) (hereinafter: IVDR) medical device is a device that is a reagent, reagent product, calibrator, control material, kit, tool, instrument, hardware, software or system, whether used individually or in combination, intended by the manufacturer to be used in vitro for the examination of samples obtained from the human body, including blood and tissue obtained from donors, solely or principally for the purpose of providing information:

  1. about a process, physiological or disease state;
  2. congenital physical or mental developmental defect;
  3. predisposition to disease or illness;
  4. to determine safety and compatibility with potential recipients;
  5. to predict response or responses to treatment;
  6. to determine or monitor therapeutic activities.

More

ARTIFICIAL INTELLIGENCE IN CLINICAL TRIALS – PRACTICAL AND LEGAL ASPECTS

Publication date: April 16, 2024

Artificial intelligence (AI) is a field of science that deals with the creation and use of computer systems that can simulate human cognitive processes, such as learning, reasoning, decision-making and problem solving. AI has an increasing impact on various aspects of our lives, including medicine and health. This article will discuss how AI changes clinical trials, i.e. the process of testing new drugs and therapies on humans before they are approved for marketing and use.

Application of AI in clinical trials

More

Few comments on Pseudo-anonymisation: secret key encryption, hash function, hash function with key, deterministic encryption and tokenization

Publication date: April 16, 2024

In the light of the GDPR, the principles of data protection do not apply to data whose links between personal data and the persons concerned have been irreversibly removed. Consequently, anonymization is not subject to the provisions of the GDPR Regulation. However, the measure that the GDPR directly indicates as a method of data protection is pseudo-anonymization. In this case, personal data is replaced in such a way that with the use of appropriate information it is possible to identify the persons to whom data relates.

More

UP