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Alexander Duisberg & Christian Winkler

Bird & Bird LLP & mgm technology partners GmbH

Alexander Duisberg is a partner of Bird & Bird in Munich, handling commercial, digital transformation and data protection issues. He is a member of our International Tech & Comms Sector Steering Group and leads of our Software & Services Industry initiative.

Alexander is considered a leading expert on a wide range of contentious and non-contentious matters of technology law, including agile development, Big Data, cloud migration, data protection and security, digital transformation projects, Internet of Things, Industry 4.0, open source, outsourcing, software and services, and complex technology projects. His client base comprises suppliers and customers in a range of industries, in particular within the automotive, mechanical engineering, energy and insurance sectors. Alexander is an appointed panelist to the WIPO Arbitration and Mediation Centre, and has deep experience in domestic and international arbitrations on technology disputes.
He is a recognized thought leader and government advisor to the German “Trusted Cloud” project as well as the “Smart Data” project. He is a frequent speaker on national and international events, and contributes regularly to publications on Tech-related topics. Alexander speaks German, English, Italian, Spanish and French.
Christian Winkler founded his first software company while finishing his Ph.D. He has worked for 20 years with Internet technologies. Recently, he has focused on working with large amounts of data or many users. As big data applications become more and more popular, there are a lot of interesting projects. Data does not have to be persisted only, but many aggregates have to be calculated and specific data must be found.
Therefore he concentrates on intelligent algorithms like machine
Learning which open a whole new view for interpretation. Often this needs a sophisticated visualization, so he is also interested in these frontend technologies.

Talk Title: 
Automated driving – data security, data privacy and liability questions in real life use cases
Talk Abstract: 

No other topic entails such a variety of in practice, technically legally complex questions. The question of data ownership alone (“Who ‘owns” the data?”) is legally unsettled and can only be solved through robust contractual agreements. The entire eco-system of a data driven economy depends on this, in order to enable market participants with very different objective to participate and put their business models into effect.
Thus the creation of user profiles is closely connected with this - not always, but mostly – and hence linked to the issue of data protection. The “Basic principles of data protection for connected vehicles” developed by the VDA, including a definition of data categories and graded levels of data protection relevance, illustrates in an impressive manner how, inter alia, the requirements of “privacy by design” can be put into practice. Cloud-based services in related international data transfers increase the need for developing legally reliable solutions.
Furthermore, the success and the introduction of autonomous driving are crucially dependent a sound and reliable framework addressing liability. Next to the regulatory framework regarding the driver’s- and vehicle owner’s liability, the questions and solutions based in contract and with view to product liability are of fundamental concern.
In the real world, several applications are already in a testing phase, even in field tests. Some of them are shown in more detail below:

  1. Detecting traffic signs
  • Speed limits
  • Time-dependent traffic signs
  • Speeding in restricted areas

        2. Dangerous driving conditions

  • Areas with frequent traffic jams
  • High acceleration or heavy braking
  • Critical values from vehicle sensors (lateral accelerations)

        3. Detection of driving „sessions“

  • Possible and technically feasible
  • Problematic as this can be related to individuals
  • Technically interesting for evaluating certain parameters (average speed, curve detection, traffic jams, stop times etc.)

The joint presentation of the international law firm Bird & Bird together with the technology consulting company mgm technology partners discusses and demonstrates real life use-cases combined with possible (technical and legal) solutions.