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Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose
Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?
Read moreDCMS publishes prototype trust framework on digital identity products and services
What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?
Read moreLeads Works lands £250,000 fine for sending marketing messages without consent
What level of fine are you looking at for sending mass marketing messages without consent?
Read moreEDPB adopts guidelines on virtual voice assistants
Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?
Read moreEuropean Council makes progress on the ePrivacy Regulation
Where have the negotiations on the ePrivacy Regulation got to and what comes next?
Read moreEuropean Data Protection Board (EDPB) issues draft guidelines for data breach notification
What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?
Read moreSingapore Court of Appeal issues landmark decision in first cryptocurrency related trial
Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02
Read moreHong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)
In November 2020, the Financial Services and Treasury Bureau (FSTB) issued a public consultation paper proposing a new mandatory licensing and supervisory regime for all VASPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO).
Read moreUK authorities consider position of AI in preparation for a new Golden Age of Tech
The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?
Read moreSnapshots Winter 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreA holistic assessment of the fairness of penalty terms in consumer contracts
Case C-738/19 A v B EU:C:2020:687 (10 September 2020)
Read moreSnapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreWhat were the CMA’s key findings in its final report on online platforms and digital advertising?
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreAudiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreThe ASA’s new UK Scam Alert System
What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?
Read moreWish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted
Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?
Read moreBOXT: ‘next day delivery’ and comparative pricing claims
How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?
Read moreSky UK: clarity over upfront costs and different fees charged to different groups
Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?
Read moreP&G: verification requirements in comparative advertising campaigns
How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?
Read morePlayrix: gameplay footage must be representative of the gaming experience
When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?
Read moreSnapshots Summer 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2020
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreAcquisitions: clause in SPA construed as a covenant to pay, not an indemnity
When will a clause be considered a covenant to pay as opposed to an indemnity?
Read moreSnapshots Winter 2019
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots Autumn 2019
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots Summer 2019
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Spring 2019
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Winter 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Autumn 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Summer 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Spring 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Winter 2017
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreSnapshots - Autumn 2017
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreThe Role of AI in Disputes
While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.
Read moreGenerative AI – Addressing Copyright
When it comes to the interaction of AI and IP rights, bar a flurry of activity surrounding the inevitable outcome by the courts in the Thaler, Dabus case (see here) and the Court of Appeal's ruling on the potential for exclusion from patentability of artificial neural networks in the Emotional Perception case, most attention has been focused on copyright issues. There are three main potentially thorny issues and all have been extensively covered by the mainstream media.
Read moreAI and Privacy – 10 Questions to Ask
We set out in this section 10 key questions to ask yourself at the outset when developing or deploying AI solutions in your business.
Read moreThe Ethics of AI - The Digital Dilemma
This is Part 6 of 'Regulation of AI – raising the trillion dollar bAIby'
Read morePart 6 – Practical Considerations
AI focussed actors and providers have been focussing on their forthcoming AI obligations and on governance for some time, but it is now prudent for the majority of organisations to assess how their use of AI will come within the scope of regulation in key territories and become familiar with each regime (and devise a means to keep up with the anticipated fast moving changes). Planning for the costs of compliance and for AI governance including systems and procedures for data retention and record keeping should also be part of current business strategy together with building expertise on AI internally and identifying trusted advisors from the "noise" of what is being offered externally.
Read morePart 5 – AI Regulation Globally
On 30 October 2023 the G7 published its international guiding principles on AI, in addition to a voluntary code of conduct for AI developers. The G7 principles are a non-exhaustive list of guiding principles aimed at promoting safe, secure and trustworthy AI and are intended to build on the OECD's AI Principles, adopted back in May 2019.
Read moreAI-as-a-service – key issues
Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.
Read moreProcuring AI – commercial considerations checklist
Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.
Read moreRegulation of AI - introduction
As with any new technology, existing data protection and privacy, intellectual property, competition, product liability, data security and consumer laws apply to its application in each jurisdiction. This has thrown up a number of important and newsworthy issues and considerations for AI developers and providers, legislators, consumers and rights holders. There are also several sets of high profile legal proceedings both decided and ongoing in several jurisdictions. These issues and legal proceedings are discussed in other sections of this AI Guide.
Read moreWhat is AI and why is it topical?
Whilst there is no universal definition of what constitutes artificial intelligence, at its core, AI refers to the simulation of human intelligence in machines that are programmed to think and learn like humans. This encompasses the ability to reason, learn from experience, understand complex concepts, interact with their environment and look to solve problems.
Read moreCyber_Bytes - Issue 74
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreEuropean Data Protection Board adopts statement on age assurance technologies
How is the European Data Protection Board (EDPB) proposing to address the benefits and risks of age assurance technologies?
Read moreNew ICO guidance for “consent or pay” online ads
What is the view of the UK Information Commissioner’s Office (ICO) on whether “consent or pay” online advertising models are compliant with UK data protection law?
Read moreDeveloping responsible GenAI – the UK and EU regulatory view
What is the UK and EU data protection authorities’ view on ensuring responsible generative AI (GenAI) development and deployment?
Read moreStatus update on the UK’s new Data (Use and Access) Bill
The UK’s new Data (Use and Access) Bill (DUA Bill) is on its way, but where is it in the legislative process? And what are proving the sticking points?
Read moreHigh Court rules against Sky Betting’s targeted marketing
What constitutes valid consent under UK data protection law, particularly in the context of targeted marketing to vulnerable individuals?
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