Dr. Simon Hembt

Senior associate for IP, Copyright, and Industry Regulation – Specialising in Artificial Intelligence, Digital Media, and Games.

One of the main areas of my expertise lies at the intersection of (generative) AI, intellectual property law, and technology regulation. I advise clients on establishing tailored AI compliance strategies that help them reap the benefits of AI while mitigating risks. I also guide companies through the internal implementation of AI, including managing training data (e.g., text and data mining), regulating employees' use of generative AI, and best practices for managing generative AI outputs (such as addressing IP risks and labeling AI-generated content). I assist clients with questions on (EU) copyright law, rights to likeness, the EU AI Act, youth protection laws, and media regulations when developing or offering AI products, ensuring a holistic approach to AI compliance. I regularly publish contributions on these topics.

I specialise in aspects of EU technology law, particularly under the Digital Services Act (DSA) and EU copyright law. I help clients develop compliant notice-and-action mechanisms, digital rights management strategies, content moderation schemes, and ensure adherence to other EU platform requirements in interactions with authorities, particularly on transparency, youth protection, and advertising regulation issues.

In the digital media sector, I help our clients to implement their ideas legally and strategically. This includes addressing intellectual property and regulatory issues to develop, launch, and distribute games, advertising, or other content. I specialise in advising on all aspects of digital entertainment, with a focus on topics such as the protection and licensing of content, synchronisation rights, matters related to the Metaverse/Digital Worlds, NFTs/Tokens, AR/VR, online advertising strategies, technical youth protection, loot box regulation, and protection against game cloning and cheat software. Additionally, I assist with complex issues regarding user-generated content under EU platform law, as well as media law, gambling law, and youth protection regulations.

Communication and advertising law are additional areas of focus, with a strong emphasis on consumer goods, including food and cannabis products. I provide comprehensive support for advertising claims, marketing campaigns for food and dietary supplements, health advertisements, and online and influencer marketing. My work also involves handling libel cases and reputation management, backed by a deep understanding of industry regulations and EU advertising rules, particularly in the food and cannabis sectors.

I regularly represent clients in court and before regulatory authorities.

• Media and IP compliance support for a generative AI provider.
• In-depth advice on the IP implementation of the AI Act for a generative AI provider.
• Representation of a social network before a German youth protection authority to ensure compliance with youth protection laws.
• Advising on a mobile gaming transaction regarding media regulatory issues, in particular youth protection, and IP/contractual issues such as licensing and copyright.
• Extensive advice on platform regulation and platform liability under EU law (EU Copyright Directive, E-Commerce Directive, Digital Services Act) for prominent social networks, content providers and gaming providers.
• Legal and technical advice on the implementation of content moderation rules and the handling of user-generated content from an IP perspective in a game.
• Advising and litigating in a major copyright case involving fair remuneration for authors and the protection of works of applied art.
• Developing strategies and solutions for the decriminalisation of recreational cannabis use in Germany, taking into account German, European and international law.
• Advising on the design of advertising and communication for consumer goods, in particular food, dietary supplements and pharmaceuticals, in compliance with German and European regulations. This included advice on online advertising, influencer marketing, affiliate marketing and social media competitions.
• Advising and representing clients in PR crises (reputation management), in particular in press-related proceedings and the technical/legal handling of online hate speech.