SFScon21 - Giuliana Viviano - IoT, new technology and Sustainability-Driven Innovation

12 November 2021
Noiteckpark Bolzano
SFS CON 2021
IoT, new technology and
Sustainability-Driven
Innovation
Terms of Services, limitation of
liability and appropriate use

© 2020 Deloitte Legal Società tra Avvocatia ResponsabilitàLimitata a socio unico
2
Informative talk abstract
New technologies extend digital capabilities and bring a brighter future for a
sustainable development of business.
The Internet of Things (IoT) and Artificial Intelligence (AI) are emerging as
powerful new technologies applied for water and energy management,
environmental monitoring, smart industry, supply chain management and digital
services for consumers.
New technologies have the potentiality to CREATE AN EFFICIENT, EFFECTIVE AND
SECURE ECOSYSTEM and enhance SUSTAINABILITY and Circular Economy
PROJECTS:
- Software Applications for efficient collection and management of
environmental and corporate social responsibility (CSR) data;
- Connected devices for managing digital services;
- Software for redesigning sustainable supply chain and logistics;
- Platforms and Applications for e-commerce and e-procurement.
2
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
IoT, new
technology and
Sustainability-
Driven Innovation
How Deloitte
Legal can operate

3
The relevance to Free Software & Open Technologies
In this context, Free Software & Open Technologies could be really linked to
such scope.
Computer software based on open source can show their source code to be
analyzed and exploited, used and modified by anyone for any reason because
its copyright holder has opened its license to public collaboration.
In this scenario, it is important to adopt and implement legal and
organizational frameworks for a proper and lawful use of New Technologies
and Sustainability-Driven Innovation.
3
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
IoT, new
technology and
Sustainability-
Driven Innovation
How Deloitte
Legal can operate

© Deloitte Legal Società tra Avvocati a Responsabilità Limitata a socio unico 4
IoT, new technology and Sustainability-Driven Innovation
4
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Traditionally, we used to think at technological
advancements as having a negative impact on
sustainability, because, since the first Industrial Revolution,
technological innovations allowed humans to use a greater
influence over natural resources.
Terms of Services,
limitation of
liability and
appropriate use
ROLE OF DIGITALISATION IN SUSTAINABLE
DEVELOPMENT
How Deloitte
Legal can operate
This combined with the ever-growing population
resulted in a heavier usage of raw materials and an
increased amount of production, leading to a significant
resource depletion and rise in Carbon emissions.

5
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
NEW APPROACH - CORPORATE SOCIAL
RESPONSIBILITY (CSR)
How Deloitte
Legal can operate
- Improve more energy-efficient practices and
environmental governance (intensify efforts to
de-carbonize the atmosphere and reorganize
processes in ways that reduce waste).
- data collection in order to track and monitor
water and energy consumption;
- enhance brand image by demonstrating
business transparency, resource conservation,
etc.;
- improve communication to a wider audience of
internal and external stakeholders
Digital transformation and
sustainability – driven
innovation
- Ability of COMPANIES to combine THEIR PROFIT
GOALS with ATTENTION TO THE ENVIRONMENT
AND SOCIAL.

6
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
How Deloitte
Legal can operate
CSR intends to maximize the contribution of COMPANIES to a sustainable development process.
COMMUNICATION FROM THE UE COMMISSION - 2011/0681 about CSR – “IT CAN BRING BENEFITS IN
TERMS OF RISK MANAGEMENT, COST SAVINGS, ACCESS TO CAPITAL, CUSTOMER RELATIONSHIPS,
HUMAN RESOURCE MANAGEMENT, AND INNOVATION CAPACITY.”
“Because CSR requires engagement with internal and external stakeholders, it enables enterprises to
better anticipate and take advantage of fast changing societal expectations and operating conditions. It
can therefore drive the development of new markets and create opportunities for growth”.
Proposal for a new Corporate Sustainability Reporting Directive (CSRD) – 21.04.2021
The directive extends the scope to all large companies and all companies (SMEs) listed on regulated
markets. It introduces more detailed reporting requirements and requires companies to digitally ‘tag’
the reported information.

7
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Extensive technological change led BY IOT, AI AND
ROBOTICS can transform industrial and commercial
processes.
New technology, IoT sensor technologies and wireless
connectivity can SUPPORT COMPANIES TO AVOID
FURTHER CLIMATE AND ENVIRONMENTAL
DETERIORATION and ENSURE SUSTAINABLE
CONSUMPTION AND PRODUCTION PATTERNS.
GOALS: 9 - Build resilient infrastructure, promote
inclusive and sustainable industrialization and foster
innovation.
Global manufacturing production in 2020: falling – 6,8%
as a result of pandemic crisis.
Manufacture of High tech products: up + 4% in 2020.
Terms of Services,
limitation of
liability and
appropriate use
How Deloitte
Legal can operate
In 2015, the United Nations Assembly
issued the 17 Sustainable Development
Goals (SDG) to be achieved by 2030.
UN 2030 agenda for sustainable
development.

8
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
ROLE OF DIGITALISATION IN SUSTAINABLE DEVELOPMENT – PNRR
THE NATIONAL RECOVERY AND RESILIENCE PLAN – ITALIA DOMANI
The PNRR (Piano Nazionale di Ripresa e Resilienza) is part of the Next Generation EU Program in
response to the pandemic crisis. “Italia Domani” wants to achieve a more robust, sustainable and
inclusive economic growth.
Such Plan is developed around 3 STRATEGIC PILLARS:
 digitization and innovation: Incentives for the digital transition of the private sector/ reduction of
timing for legal proceedings / improvement of digital security/
 ecological transition
 social inclusion.
SCOPE: Repairing the economic and social damage caused by THE PANDEMIC CRISIS, contributing to
addressing the structural weaknesses of the Italian economy, and LEADING THE COUNTRY TO
ECOLOGICAL AND ENVIRONMENTAL TRANSITION.
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9
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
MISSION 1: DIGITISATION, INNOVATION, COMPETITIVENESS, CULTURE – 100% of people connected by
2026; Fast connections for 8.5 million families and businesses; A digital approach for the relaunch of
tourism and culture
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Legal can operate

10
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
How Deloitte
Legal can operate
27% of the resources of the National Recovery and Resilience Plan are dedicated to digital

11
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Digital Revolution
• Fintech & Ecommerce
• Robotics, IoT and AI
• Internet
• Digital and smartphones
TECHNOLOGY AND SUSTAINABILITY OVERLAPPING
PNRR: supports the development and competitiveness of
small, medium and large-sized Italian companies on
international markets with actions in technology,
research and development to DIGITALIZE PROCESSES,
SUPPLY CHAIN MANAGEMENT, MADE IN ITALY BRANDED
PRODUCTS.
ROLE OF DIGITALISATION IN SUSTAINABLE
DEVELOPMENT & PNRR
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Legal can operate
Terms of Services,
limitation of
liability and
appropriate use

12
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
- DIRECTIVE (EU) 2019/771 about certain aspects
concerning COMMERCIAL CONTRACTS FOR THE
SALE OF GOODS (It shall apply to digital content or
digital services which are incorporated in or inter-
connected with goods).
- DIRECTIVE (EU) 2019/770 ON CERTAIN ASPECTS
CONCERNING CONTRACTS FOR THE SUPPLY OF
DIGITAL CONTENT AND DIGITAL SERVICES
(common rules concerning contracts between
traders and consumers for the supply of digital
content or a digital service).
- Directive (EU) 2019/2161 (informally referred to as
the Omnibus Directive), aimed at boosting
CONSUMER PROTECTION LAWS AND
MODERNIZING E-COMMERCE AND DIGITAL
CONTENT REGULATIONS.
Amendment to the Italian Consumer Code to be
implemented by 2022.
How Deloitte
Legal can operate
UE DIRECTIVES FOR CONSUMERS – NEW DEAL

13
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
E-commerce,
digital services
platforms
Air Pollution
Monitoring
Smart Energy
& Water
Management
platforms
Quality
Management
Smart Waste
Management
Smart Logistics
and
warehousing
Supply Chain
Monitoring
and e-
procurement
ROLE OF DIGITALISATION for COMPANIES
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Legal can operate

14
HSE AND
ENVIRONMENT
INNOVATION
CAPACITY, R&D
CORPORATE
GOVERNANCE &
COMPLIANCE
HR MANAGEMENT
EFFICIENCIES AND ADVANTAGES OF DIGITALIZATION & SUSTAINABILITY PROJECTS FOR COMPANIES
IoT, new
technology and
Sustainability-
Driven Innovation
Informative talk
abstract
Terms of Services,
limitation of
liability and
appropriate use
How Deloitte
Legal can operate
CUSTOMERS RELATIONSHIPS –
COMMERCIAL AND DIGITAL CONTRACTS
ACCESS TO
CAPITAL
EFFICIENCY OF PROCESS
AND COSTS SAVINGS

15
Terms of Services,
limitation of
liability and
appropriate use
Informative talk
abstract
FOCUS ON CUSTOMERS RELATIONSHIPS – COMMERCIAL AND DIGITAL CONTRACTS
IoT, new
technology and
Sustainability-
Driven Innovation
Companies implementing DIGITAL SOLUTIONS AND E-
PLATFORMS FOR CUSTOMERS need to evaluate the legal
framework and manage any legal risk related to access to e-
commerce platforms and applications, exploitation of IoT
devices and smart services, etc.
Digitalization, implementation of digital solutions and
smart services
How Deloitte
Legal can operate
Italian Consumers Code
UE Directives on digital
GDPR

16
Terms of Services,
limitation of
liability and
appropriate use
Informative talk
abstract
Adoption of TERMS OF SERVICES, Privacy and Security Policies
IoT, new
technology and
Sustainability-
Driven Innovation
Draft or Review existing TERMS & CONDITIONS and
Agreements under current legal requirements
(policies and methodology)
Determine the proper use and exploitation of digital
Customize selected templates with proper allocation of
risks and definition of scope of the Digital Services
Draft and review the payment terms
Apply the applicable local law
Design a security process
Implement the drafts, manage the execution and
monitoring
Service Levels - Limit the liability
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Legal can operate
When adopting e-commerce platforms, e-procurement platforms, digital services, etc., Companies shall
evaluate to draft and periodically update their terms and condition, terms of services, privacy policy, etc.

17
Terms of Services,
limitation of
liability and
appropriate use
Informative talk
abstract
TERMS OF SERVICES, LIMITATION AND APPROPRIATE USE
IoT, new
technology and
Sustainability-
Driven Innovation
REGULATION OF «ACCESS RIGHTS»: usually, limited, non-exclusive, non-sublicensable,
non-transferable, revocable license to access and use the Services.
LIMITATIONS AND APPROPRIATE USE. End Users usually shall not: (a) use the Services
beyond the scope of the license granted under the “Access Rights”; (b) reverse
engineer, disassemble, decompile, decode or otherwise attempt to derive or gain
access to the source code of the Services or any part thereof; (etc.).
Violation of limitations as a material breach.
Adopting Terms and Conditions to end-users/customers, for downloading, accessing and using IoT and e-
commerce Platforms and any related on-line service, software, data, applications, information, materials,
content and updates made available to end users (the “Services”).
How Deloitte
Legal can operate

18
Terms of Services,
limitation of
liability and
appropriate use
Informative talk
abstract
IoT, new
technology and
Sustainability-
Driven Innovation
LIMITATION OF LIABILITY. Provides for limitation of liability of the company arising from or related to
use of or inability to use the Services or for personal injury, property damage, lost profits, cost of
substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or
malfunction or any other consequential, incidental, etc.
Information and Warranties for consumers protection.
Service Levels. Sometimes Services may be inaccessible due to scheduled and unscheduled
reasons, including maintenance updates, power outages, system failures, extended downtime
and other interruptions. Information to end user/consumer. The Company may determine in its
sole discretion to suspend the Service.
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Legal can operate

19
Terms of Services,
limitation of
liability and
appropriate use
Informative talk
abstract
IoT, new
technology and
Sustainability-
Driven Innovation
Governing Law and Forum Jurisdicion
GDPR COMPLIANCE
Security and Data Governance. Security technologies and data governance
procedures must be implemented to help protect unauthorized access.
How Deloitte
Legal can operate

© 2020 Deloitte Legal Società tra Avvocati a Responsabilità Limitata a socio unico
TO CONCLUDE
20
Informative talk
abstract
Pending more details from the authorities for further laws, rules and implementation measures, in
conclusion, the companies – that are developing new technologies and digital services - shall be
increasingly aware of the great opportunity of digitalization, to create more efficiency and, moreover, a
more sustainable and smart environment.
This without forgetting compliance to laws and legal risks management.
IoT, new
technology and
Sustainability-
Driven Innovation
Terms of Services,
limitation of
liability and
appropriate use
How Deloitte
Legal can
operate
Giuliana Viviano Avv. LL.M.
Director
+39 0497927966
gviviano@deloitte.it
THANKS FOR YOUR ATTENTION

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