a stake for our sovereignty

As a report on the development of the metaverse has just been submitted to the government, Cercle Montesquieu offers ways to construct applicable regulations for these spaces.

While a report on the development of the metaverse has just been submitted to the government, Cercle Montesquieu, which represents directors and legal directors within companies and contributed to its drafting, is proposing ways to build French and enforceable regulations in these areas. The challenge is to adopt clear legal norms capable of integrating and guaranteeing the basic principles of sovereignty and democracy.

A pressing regulatory challenge

These new spaces are developing rapidly. Different human experiences are migrating or may soon migrate to these immersive and autonomous virtual worlds. Increasingly interested, many economic players see opportunities for development, especially in relation to the relationships they maintain with the market, customers and their employees.

Transcending the national framework and thus presenting stakeholders with the risk of having to comply with the laws and regulations of several jurisdictions, metaverses pose complex and changing legal and regulatory challenges in line with their technological evolutions as well as the use of users. and businesses.

Thus, in the face of this development, we must maintain our sovereignty. We must refuse to submit to foreign choices, whether American or Asian, to maintain and promote our vision of the world in the virtual reality of the 21st century. The stakes are high; It is about the integration of the European values ​​of freedom, to guarantee as much as possible the security of everyone, citizens and companies.

An urgent need for national regulation

The European Commission has already expressed its desire to create a legible legal corpus guaranteeing basic rules regarding security, freedom of access and portability between platforms. Some rights will apply in this new space (GDPR, DSA, DMA). However, it is also urgent to start reflecting on legal issues at the national level.

In this regard, two main issues stand out:

1. Protection of user data

2. Protection of the right to create and innovate

Within the metaverse, user data will indeed be exposed to multiple risks associated with its transfer from one application to another; personalization of the experience that is done according to their profiles and preferences, integrating in particular their biometric data, their physical location, their activities as well as information on their financial situation, etc. In this sense, technologies for advertising and the Ad Tech environment (Advertising Technologies) represent a primary source of regulatory inspiration: they especially enable personalized experiences, the collection and mass transfer of personal data, are based on a series of standard contracts, data protection . and user retention and consent policy forms.

In addition, the establishment of the metaverse will have a clear impact on the management and protection of copyright and trademarks, which are a great asset in terms of innovation and creation for companies. It appears in this sense that most of the litigation initiated to date, particularly in the United States, concerns alleged violations of intellectual property rights. Thus, in terms of trademark protection and protection, it would be wise to make new trademark registrations by expanding existing labels to protect digital assets in the metaverse. In the same way, brands would benefit from quickly buying blockchain-accessible domain names (the new “.crypto” and “.eth” extensions, knowing that these names cannot be subject to a procedure recovery).

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