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ICO reprimands Sky Betting and Gaming for using non-essential cookies without users’ consent

Published on 09 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What proactive steps should website operators take to ensure that their use of cookies complies with UK data protection law? Put another way, are you sure personal data is not being collected by your website’s advertising cookies before users have consented to their deployment?

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Irish DPC fines LinkedIn €310m for behavioural analysis and targeted advertising breaches

Published on 09 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How certain do data controllers need to be of their lawful basis for processing personal data when engaging in behavioural analysis and targeted advertising, and how clearly must this be reflected in a privacy policy?

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Snapshots Autumn 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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UK's new AI Cyber Security Code of Practice

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the UK's proposed AI Cyber Security Code of Practice?

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EU AI Act into force 1 August 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The EU AI Act came into force across all 27 EU member states on 1 August 2024. The aim of the legislation is to ensure AI systems used in the EU are safe and transparent.

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New Minister for Data Protection Sir Chris Bryant

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

On 8 July 2024, the Government appointed Sir Chris Bryant as the Minister of State for Data Protection and Telecoms (as well as Minister of State for Creative Industries, Arts and Tourism).

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Social media and video sharing platforms targeted by ICO over children's privacy practices

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What must social technology platforms be aware of to ensure they are following the ICO's codes of practice for children's online safety?

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Uber hit with €290m fine for transferring European driver data to its US HQ

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does the Uber fine signal for international data transfers and the consequences of failing to comply with the EU General Data Protection Regulation (EU GDPR)?

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X suspends personal data training of AI chatbot Grok following Irish DPC pressure

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How are the data regulators addressing the use of personal data when training AI language models?

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The UK's new AI Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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The UK's Digital Information and Smart Data Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What can we expect from the new Digital Information and Smart Data Bill (the DISD Bill)?

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Court infers novation despite 'no dealings' clause

Published on 17 Oct 2024.

Magee and others v Crocker and others [2024] EWHC 1723 (Ch)

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Determining whether a default interest clause is an unenforceable penalty

Published on 17 Oct 2024.

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721

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Agent authority in contract variation

Published on 17 Oct 2024. By David Cran, Partner, Head of IP & Tech and Caroline Tuck, Partner

Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)

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Contract construction – adjective at the start of a list found to qualify the entire list

Published on 17 Oct 2024.

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695

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Urgently Misleading: the CMA secures undertakings from Wowcher and £4 million of customer refunds

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

When does a selling practice create a false sense of urgency that is considered misleading by the Competition and Markets Authority (CMA)?

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Exemption from HFSS product restrictions for Ofcom-regulated internet protocol television (IPTV) services

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What is the UK Government's proposal for the incoming HFSS restrictions in relation to IPTV advertising?

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CMA targets Simba for misleading online choice architecture

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What types of promotional tactics are in the Competition and Markets Authority's (CMA) line of sight when it comes to misleading online choice architecture?

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CMA publishes draft guidance on enforcement of DMCCA consumer law

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How will the CMA look to enforce the consumer protection law sections of the recently enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

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Updated CAP guidance on when in-game purchases are considered 'advertising'

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?

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ASA continues to scrutinise aviation green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?

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ASA rules on impact of historic environmental performance on green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?

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IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Published on 17 Oct 2024.

What principles will guide IAB Europe in the upcoming EU legal agenda?

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ASA rules that ad is not sufficient where influencers also have business interests

Published on 17 Oct 2024.

Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?

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Heating and insulation green claims under CMA review

Published on 17 Oct 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?

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Snapshots Summer 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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ASA & CAP publish Annual Report for 2023

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are the hot topics for the UK’s Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) and how are they embracing AI in their enforcement strategy?

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New Ofcom guidance on subtitling, audio description and signing tools for broadcasters

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What areas do broadcasters need to focus on to meet Ofcom’s new requirements around the quality of access services?

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EU cracks down on greenwashing in aviation

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What does the EU’s targeting of 20 airlines say about it’s increasingly low tolerance for misleading green claims?

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ASA revises ruling on sexual objectification in FKA Twigs Calvin Klein ad

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

When does an overtly sexual ad not cross the line into sexual objectification?

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ASA publishes research on green claims in food & beverage industry

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What did the ASA find in its research into green claims being made about meat, dairy and plant-based alternative food and drink products?

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FCA guidance on financial promotions in social media

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What requirements must those making financial promotions on social media follow under the FCA’s new guidance?

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UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What is the AI and Digital Hub and how can AI innovators use it?

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EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

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Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

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What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.

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EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

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CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

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New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

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“Consent or pay” models under scrutiny in UK and EU

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Are “consent or pay” business models compliant with data protection law?

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ICO forces Serco Leisure to stop using facial recognition technology for employees

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

In what circumstances can facial recognition technology (FRT) be acceptable to monitor employees in the workplace?

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Ofcom and ICO to collaborate on Online Safety and Data Protection

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How are the data protection and broadcasting regulators collaborating to regulate online services from a safety and privacy perspective, and what does this mean for businesses and services regulated by both bodies?

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ICO publishes guidance on content moderation

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What steps should businesses operating content moderation systems in the UK be taking to comply with new guidance published by the UK’s Information Commissioner (ICO)?

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The ICO’s strategic approach to regulating AI

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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?

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New development: DPDI Bill fails to become law

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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.

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The EU’s Product Liability Directive expands to cover digital technology

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What changes to civil product liability have been implemented by the European Commission for defective digital products and software?

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Product Security and Telecommunications Infrastructure Regulations: a new security regime for smart devices

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What does the new cyber security regime mean for “smart” devices in the UK?

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Empowering consumers through the EU’s Green Transition Directive

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are the enhanced consumers rights arising from the EU’s Directive on Empowering Consumers for the Green Transition (the Empowering Consumers Directive)?

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The EU’s new General Product Safety Regulation is set to land in December 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What do manufacturers and online marketplaces need to think about as the EU General Product Safety Regulation (GPSR) comes into force in December 2024?

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The Digital Markets, Competition and Consumers Act becomes law

Published on 01 Aug 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What changes will the new Digital Markets, Competition and Consumers Act bring to the consumer protection and competition regulation landscape?

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