Which legal aspects to consider when launching an API product?
On October 14th, 2022, Open Banking experts Anne-Sophie Morvan (Head of Business & Legal), Claude Meurisse (COO) and Amaia Galdeano Sada (Junior Legal Counsel) shared their API and legal knowledge during the latest LUXHUB SESSION.
This webinar focused on the legal aspects of API creation/distribution, starting off with Claude Meurisse explaining what APIs are and how they have become an essential part of companies’ digital strategies. Amaia Galdeano Sada discussed intellectual property rights and shared several useful tools. Finally, Anne-Sophie Morvan focused on the different types of data used/processed, as well as the need to set up the right contractual framework.
Watch the webinar
Key takeaways
As a conclusion, find below some of the key questions you should ask yourself in the context of an API product development and/or distribution:
- Am I entitled to use the (corporate and/or trade) name of the company as well as its logo to identify/promote my API product?
- Is my API product name/logo identical or similar to a previous product/company name/logo (which might constitute an infringement of previously existing IP rights, or be perceived as free riding)?
- Should it be registered as a trademark?
- Is my commercial documentation similar to the documentation of another company/competitor? Does it contain certain disclaimers?
- Are the essential elements of the contract sufficiently described?
- Are the rights and obligations of the API provider & consumer clearly laid down?
- What is the law applicable to my API or to the API I intend to consume?
- Do I qualify as controller/processor/joint-controller?
- What categories of personal data do I process?
- etc.