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The ICO’s strategic approach to regulating AI
How can the ICO’s recently published AI strategy paper help businesses navigate the evolving AI regulatory landscape, particularly in respect of data protection principles?
Read moreNew development: DPDI Bill fails to become law
The Data Protection and Digital Information Bill (DPDIB), the proposal for post-Brexit data protection laws in the UK, did not pass through Parliament before its dissolution on 24 May 2024 ahead of the general election on 4 July 2024. This means that the DPDIB has failed to become law and any proposals for data reform in the UK will largely need to start afresh in the new Parliament.
Read moreDepartment for Science, Innovation and Technology consults on proposed data infrastructure statutory framework
What statutory obligations could the Department for Science, Innovation and Technology’s (DSIT) proposed statutory framework impose on UK data centre providers?
Read moreICO publishes updates to its guidance on Transfer Risk Assessments
How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?
Read moreNew ICO guidance on content moderation and data compliance
How can organisations using content moderation technologies and processes best comply with data protection laws?
Read moreICO launches consultation series on generative AI and data protection
What is the Information Commissioner’s Office’s (ICO) intended approach to developing guidance on how data protection law should be applied to the development and use of generative AI?
Read moreCJEU rules on what constitutes “automated decision-making” under the GDPR
Does the production of a credit score constitute “automated decision-making” for the purposes of Article 22 of the EU General Data Protection Regulation (GDPR)? What wider impact will this have for AI technologies?
Read moreEDPB adopts opinion on “main establishment” of a controller in the EU
What is meant by “main establishment” under article 4(16)(a) of the GDPR for the purposes of determining the application of the one-stop-shop mechanism?
Read moreICO warns UK’s most visited websites to improve cookie choices
What steps is the ICO taking to ensure that website cookie banners are compliant with law?
Read moreNew Development: EU Data Act published in Official Journal
The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.
Read moreICO fines HelloFresh £140,000 after 7-month spam marketing campaign
Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?
Read moreICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot
How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?
Read moreNew Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive
On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).
Read moreClearview AI cleared of £7.5m ICO fine for processing data outside the UK
Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?
Read moreICO publishes guidance to ensure lawful monitoring in the workplace
How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?
Read moreICO publishes its draft “Data Protection Fining Guidance” for public consultation
How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?
Read moreEU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR
Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?
Read moreNew data bridge to allow for UK-US data transfers
How will the recently approved data bridge impact transfers of personal data from the UK to the US?
Read moreUK ICO publishes draft biometric data and technologies guidance for public consultation
What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?
Read moreUK ICO publishes joint statement on data scraping and the protection of privacy
What are the key privacy risks that the UK Information Commissioner’s Office (ICO) expects organisations to consider when hosting publicly accessible personal data and how can those privacy risks be mitigated?
Read moreUK ICO and CMA release joint position paper on harmful design in digital markets
What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?
Read moreNew Development: Updated ICO guidance on “likely to be accessed by children”
Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.
Read moreICO publishes new guidance on privacy in the product design lifecycle
What are the key privacy considerations that the Information Commissioner’s Office (ICO) expects organisations to implement in the design and development of their new products and services?
Read moreThe new Data Act and the EU’s vision for non-personal data sharing in Europe
What does the proposed EU Data Act mean for the usage and sharing of non-personal data by businesses?
Read moreICO updates its guidance on AI and data protection
What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?
Read moreICO’s new draft guidance on “likely to be accessed by children” under the Age Appropriate Design Code
When will an online service fall within the scope of the Age Appropriate Design Code?
Read moreEuropean Data Protection Board updates guidance on data breach notifications
How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?
Read moreCJEU rules on right to compensation under Article 82 EU GDPR
What must a data subject demonstrate to claim compensation for non-material damage (eg emotional distress/loss of confidence) under the EU General Data Protection Regulation (GDPR)?
Read moreIrish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers
What are the implications of the Irish Data Protection Commission’s (IDPC) ruling against Meta for data transfers from the EU/EEA to the US in breach of the EU GDPR?
Read moreEU Data Protection Board guidance on international data transfers
How does the recent guidance issued by the European Data Protection Board (EDPB) assist businesses in complying with the EU GDPR when carrying out international data transfers?
Read moreOpinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework
How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?
Read moreItalian Data Protection Authority issues fine for use of dark patterns
How can companies ensure that their websites, apps and other online interfaces comply with regulations restricting the use of dark patterns when collecting consent to the processing of personal data?
Read moreICO publishes guidance on compliance of game design with the Children’s Code
What steps can game designers take to ensure their games comply with the Children’s Code?
Read moreContract formation: use of emoji showed objective intention to enter into contract
Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?
Read moreSupreme Court determines that the parties’ common intention decides whether a contract is varied or replaced
How will a court determine whether a contract has been varied or replaced?
Read moreVariation of contract by email valid without expressly referring to exercise of contractual right
How will a court determine the formality requirements for a valid contract variation?
Read moreCourt of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits
How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?
Read moreGreen claims update
The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.
Read moreUK advertising codes to be amended to reflect new DMCCA
What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?
Read moreASA gets tougher on brand advertising for “less healthy” food and drink products
What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?
Read moreHarmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics
What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?
Read moreAgreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract
Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?
Read moreInfluencer posts and affiliate links: the whole marketing chain must know the rules
Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?
Read moreConstruing material adverse effect/material adverse change clauses
How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?
Read moreTravel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
Read moreReasonable notice termination not construed or implied into a contract with detailed termination provisions
Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?
Read moreASA rules against telecoms companies on mid-contract price rises
What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?
Read moreEffect of a contractual liability cap on set-off and contractual interest
Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?
Read moreRound up of recent green claims
Round up of recent green claims: Key updates and sector-specific updates
Read moreCourt infers novation despite 'no dealings' clause
Magee and others v Crocker and others [2024] EWHC 1723 (Ch)
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