With serious ambitions for chip manufacturing, AI growth, digital transformation and blockchain, Ukraine has a clear technological vision for the future. What are, and what are going to be the key legal challenges facing both private and public sectors? I believe the biggest challenges would not be legal, but the issues of physical safety and sufficient funding. And given that Ukraine has to factor in those challenges, it must be more flexible on the legal side. This has been the case historically when Ukraine has been testing certain products which legal regulation has not been established globally yet, for example with ICOs, cryptocurrency exchanges, clinical trials, surrogacy, and more recently with AI content and legalisation of medical cannabis. We want to demonstrate to the world that we are dynamic and would like to be the hub for innovation on a global scale to attract investments which can build upon our talent. grabbed everyone’s attention lately. Accordingly, Ukrainian government feels that they need to take use of the existing expertise and create environment for its further growth. As a result, the roadmap for AI development in Ukraine has been announced recently, along with some legislative changes like the copyright protection of AI-generated content. It is critical that Ukrainian startups and large businesses are not hindered in using AI as one of its potential benefits is getting technological advantage over Russia in the course of the war, and we already see that a number of defence tech startups excel in it. At the same time, we should be conscious that Ukraine and its companies do not have enough resources to build powerful data centres which would host their own LLMs, and as a result we see the future in cooperation with developed nations and big tech companies which would create synergies when using Ukrainian technologies. Concerning client needs in the TMT sector, what new expectations do you see emerging in 2024 and beyond? I believe that one of the big trends would be cybersecurity and the respective requirements on the clients to ensure their compliance. I also believe that data protection laws would become more relevant in the light of wider use of AI-based systems. I do not believe it would be the case in Ukraine in the near future, but globally we may see more disputes related to “unfair” treatment of consumers caused by various AI-based filters. On top of that, governments will be imposing more regulations and restrictions on big tech companies and it would require more involvement of lawyers to ensure their compliance, as well as to ensure that they may continue their R&D and further growth. 24 LAWYER MONTHLY APRIL 2024 About Nazar Chernyavsky I am currently the Managing Partner of Sayenko Kharenko, the leading Ukrainian law firm. For the last 20 years the firm has been working on the most high-profile projects involving Ukraine, representing predominantly international clients, which include major investment banks, Forbes 500 companies, international financial institutions and foreign states. My primary background has been in banking & finance, which helped me to start working with tech companies - first, on their finance transactions, but later I continued with advising them on various regulatory and IP issues, as well as helping them to structure their operations and deal with data protection and cybersecurity issues. Almost ten years ago, I became an officer of the IBA Technology Law Committee and since 2024 I serve as its Co-Chair - this has become an amazing journey through the latest trends of technology law globally and allowed me to contribute to the shaping of the new legal framework across various countries, given that we have top experts in the field from all continents in the committee who work on landmark projects which set new precedents. www.sk.ua I believe that one of the big trends would be cybersecurity and the respective requirements on the clients to ensure their compliance.
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