Connected Cars event:“Smart cars needsmart legal solutions”.

March 2015 | Rotterdam

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In March 2015 HVG hosted the first Connected Car event around legal and regulatory:“Smart cars need smart legal solutions”. The event was, amongst others, attended byrepresentatives from NXP, Shell, Ericsson, PON IT, a.s.r. and TVM Verzekeringen. Theparticipants of the event formed a diverse combination of technology-, automotive-,development and insurance companies, startups active in the automotive branche andother interested parties as well as interesting individuals.

► The event kicked off with a presentation from HVG’s head of IP/IT and Privacy law, Peter Kits.Peter elaborated on the four megatrends with regard to connected cars and mobility: urbanization, therapid rise and growth of the global middle class, air quality and related health risks and changed consumerattitudes and preferences. Connected vehicles promise breakthroughs in safety and convenience but onthe other hand also raise questions on numerous important aspects such as (product) liability, intellectualproperty, privacy, cyber-attacks, data security and data ownership. How do we deal with these issues?

► Peter Katko, head of IP/IT law of EY Germany, introduced the audience to the legal privacy conceptsensuing from the use of connected cars. He gave brief examples of areas where the use of connected carscrash into privacy, such as autonomous driving, car sharing, navigations and road charging. One of therisks could be , for example, the potentially unlimited purposes of the use of the obtained data.

As there is no such specific connected car privacy regulation or directive, the legal framework consists(only) of the European Data Protection Directive (in the future: European Data Protection Regulation).Furthermore, ‘Article 29 Working Party’ (an independent European working party) frequently publishesopinions on the protection of personal data related to the internet of things. Following this legalframework, 4 principles can be distinguished: transparency (inform the individual what data you collectand for what purposes), data categorization, self-determination and data security.

Peter further elaborated on ownership of data. He explained the discussion that arose between Audi andGoogle about the ownership of data. According to Peter, this discussion is remarkable, as under civil lawthe “ownership of data” does not exist. You could therefore question whether this is the right discussion tohave.

► Tom Selten, team manager of the second Solar Team of the Technical University of Eindhoven(“TU/e”), presented the quest of World’s first solar powered family car, named Stella. Stella is developedand produced by 21 students of the TU/e. The team won the World Solar Challenge 2013 and that’s notall. Recently Stella has won a Tech Crunchie (the Oscar for technology).

A brand new family car will be presented this summer and the team will also compete in the World SolarChallenge 2015. Tom elaborated in his stunning presentation on the three aspects the students believe in:a solar powered family car, which is highly efficient and makes use of the best connectivity solutions. Tomexplained the recharging system (charging back to the grid) they have implemented in their car and the381 solar cells on the roof of the car.

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► NXP’s Hans Brouwhuis, discussed the concept of smart cars from NXP’s point of view. NXP is one of thelargest companies active in the semi-conductor branch. NXP owns more than 9000 patents. Hanspredicted that in 2020, 50 billion internet of things devices will be in use. It is important to keep thedevelopment of technology in The Netherlands, instead of just talking about developments. NXPcontributes to this development by for example the so called VIBe initiative. The VIBe initiative is a focusedinitiative to support the complex transition from service providers to access providers by establishing amedium size open innovation platform, a living lab and a pragmatic internet of things standard within ashort time period.

After the interesting and eye-opening presentations, the attendees were given an opportunity to participate inthe round table discussion, which was managed by Peter Kits through some challenging statements. Thegreatest overall concern under the attendees seemed to be the ownership of data, especially the ownership ofsensitive personal data such as electronic health data. It is not difficult to imagine that the ownership of healthdata is regarded as being more important than for instance data regarding the comfort settings of your car-chair.

Overall, it was an interesting client event which provided the attendees with the visions of important marketplayers in the connected car branch on smart cars. Additionally, the event provided the attendees withopportunities to network with each other.

More information:For more information about this event please contact:Peter KitsT: +31 (0)88-407 00 10E: peter.kits@hvglaw.nl

HVG | Attorneys at Law | Civil Law Notaries

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