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CySEC Adopts New European Guidelines For Cloud Outsourcing And Updates Stress Test Protocols

The Cyprus Securities and Exchange Commission (CySEC) has taken a significant stride toward strengthening regulatory frameworks in the financial sector by implementing the latest European guidelines on cloud outsourcing. In tandem, the commission has issued an advisory regarding enhanced stress test rules for money market funds, signifying a commitment to bolstering both digital operational resilience and market stability.

Cloud Outsourcing Within Regulatory Framework

CySEC has adopted the latest European standards for outsourcing to cloud service providers, targeting select depositaries responsible for safeguarding alternative investment funds and collective investment schemes (UCITS). These guidelines are pivotal for entities that do not fall under the purview of the Digital Operational Resilience Act (DORA), ensuring that supervisory practices remain robust across the board.

Refined Scope Under Digital Operational Resilience

The evolution of the DORA regulation, which now governs digital operational resilience for the majority of financial entities within the European Union, prompted CySEC to revise the scope of its cloud outsourcing guidelines. The updated rules ensure that only the remaining depositaries not covered by DORA adhere to these specific standards, thereby maintaining regulatory relevance without duplicating oversight.

Guidelines To Navigate Cloud Outsourcing Risks

Developed under the auspices of the European Securities and Markets Authority (ESMA), the framework comprises nine detailed guidelines. These directives are designed to assist both regulators and financial entities in identifying, managing, and mitigating risks associated with cloud outsourcing. Key focus areas include the decision to migrate services to the cloud, provider selection, ongoing monitoring, and the establishment of robust exit strategies.

Enhanced Stress Test Protocols For Greater Market Stability

In a parallel move, CySEC has reaffirmed updated European guidelines concerning stress test scenarios for money market funds. Addressed primarily to managers of alternative investment funds and management companies under CySEC’s supervision, these guidelines establish common reference points for assessing the ability of funds to withstand market shocks. This uniform approach is intended to enhance risk assessment practices and fortify the resilience of the sector against potential market disruptions.

Compliance And Future Outlook

The revised cloud outsourcing guidelines and updated stress test parameters underscore a broader regulatory initiative to adapt to rapid digital innovation while maintaining rigorous supervisory standards. As these guidelines are now fully operative following their publication in all European Union languages, CySEC urges all relevant entities to ensure full compliance. The measures not only streamline the supervisory process but also provide a clear roadmap for the financial sector to navigate both technological advancements and market challenges effectively.

Copyright Law Struggles To Keep Up With AI Training

Courts Are Still Applying Old Copyright Rules To AI

AI companies train models on enormous amounts of published material, including books, articles and academic research. Whether using that content without authors’ permission violates copyright law remains unresolved.

Much of the debate centres on fair use, which allows copyrighted material to be used without permission in certain circumstances. Courts consider factors such as the purpose of the use, how much material was involved and its impact on the original market.

Anthropic Case Sets An Important Precedent

A major case involving Anthropic and a group of authors provided one of the clearest rulings so far. Judge William Alsup found that using copyrighted books to train AI models was lawful, comparing the process to people reading and studying literature before creating something new.

Anthropic was nevertheless ordered to pay $1.5 billion in a settlement. The penalty concerned books the company had obtained from illegal online libraries rather than the AI training itself.

For AI companies, that distinction could prove significant because it separates studying copyrighted material from directly copying it.

Competition Could Be The Key Issue

A case involving Thomson Reuters and Ross Intelligence offers a different perspective. A court ruled that Ross could not claim fair use after using Reuters’ copyrighted material to develop a competing AI-powered legal research platform.

The decision suggests courts may be less willing to consider AI training fair use when copyrighted content is used to build a product that directly competes with the original.

For authors, an unresolved question is whether AI-generated content should be considered competition for the works used to train these models.

The Law Has Yet To Catch Up

US copyright law predates generative AI by decades, leaving courts to apply old principles to new technology. Questions also remain over copyright protection for AI-generated works. In Thaler v. Perlmutter, a court ruled that material created entirely by AI cannot receive copyright protection.

Major AI companies remain involved in copyright litigation, and different courts could reach different conclusions. For now, there is no universal rule: the legality of AI training will depend on the circumstances of each case and how courts ultimately interpret copyright and fair use.

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