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Thinking - Snapshot

ICO launches consultation series on generative AI and data protection

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

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?

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CJEU rules on what constitutes “automated decision-making” under the GDPR

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

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?

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EDPB adopts opinion on “main establishment” of a controller in the EU

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

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?

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Thinking - Snapshot

ICO warns UK’s most visited websites to improve cookie choices

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

What steps is the ICO taking to ensure that website cookie banners are compliant with law?

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Thinking - Snapshot

New Development: EU Data Act published in Official Journal

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

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.

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Thinking - Snapshot

ICO fines HelloFresh £140,000 after 7-month spam marketing campaign

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

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?

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ICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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)?

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Thinking - Snapshot

New Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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).

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Thinking - Snapshot

Clearview AI cleared of £7.5m ICO fine for processing data outside the UK

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?

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Thinking - Snapshot

ICO publishes guidance to ensure lawful monitoring in the workplace

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?

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Thinking - Snapshot

ICO publishes its draft “Data Protection Fining Guidance” for public consultation

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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?

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Thinking - Snapshot

EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR

Published on 11 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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?

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Thinking - Snapshot

ICO updates its guidance on AI and data protection

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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?

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Thinking - Blog

The "Unicorn Kingdom's" AI White Paper

Published on 12 May 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

The UK's pro-innovation AI White paper has been published. It landed almost simultaneously with an open letter from the Future of Life Institute which called for a six-month halt in work on AI systems more powerful than the generative AI system: GPT-4.

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Thinking - Snapshot

Ethics in the age of AI: new Institute of Directors checklist

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?

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Thinking - Snapshot

Government White Paper sets out UK approach to AI regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How is the UK Government looking to regulate AI?

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Thinking - Snapshot

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Thinking - Snapshot

ICO launches AI and Data Protection Toolkit

Published on 28 Jul 2022.

How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?

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Thinking - Snapshot

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

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Thinking - Snapshot

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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Thinking - Blog

A new era for surveyors: RICS launches global standard on responsible use of AI

Published on 17 Sep 2025. By Katharine Cusack, Partner and Cecilia Everett, Partner

The Royal Institution of Chartered Surveyors (RICS) has taken a decisive step into the future, publishing its first global professional standard for the responsible use of artificial intelligence (AI) in surveying. Released on 10 September 2025 and due to take effect from 9 March 2026, this landmark guidance aims to steer surveyors through the rapidly evolving landscape of AI technologies, seeking to balance innovation with accountability.

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Thinking - Blog

Securing electricity for development projects

Published on 14 May 2025. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

Developers are facing significant delays in securing a point of connection, offer from a Distribution Network Operator (DNO), to reserve power on the grid for a new development site. In a challenging market, a development site that might be sold off with planning permission is more marketable if it benefits from reserved power.

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Thinking - Blog

AI in Construction

Published on 16 Jul 2024. By Georgina Haynes, Senior Associate

There is a lot of discussion around Artificial Intelligence ("AI") and its application to industry. We have considered what AI is, the benefits and risks, how it fits into the construction industry, the effect on insurers and what the future holds.

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Thinking - Publication

Hong Kong data protection: cross-border transfers of personal data

Published on 20 Jun 2022. By Jonathan Crompton, Partner and Andrea Randall, Partner

We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.

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Thinking - Blog

Privacy developments – looking back and looking forward

Published on 19 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Jon Bartley, Partner and Joe Lippitt, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

In this article, we give you a high-level snapshot of the key data protection and privacy developments in the UK and EU in 2024 as well as developments we anticipate for 2025.

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Thinking - Blog

Digital operational resilience: the UK regulatory landscape

Published on 15 Nov 2024. By Richard Breavington, Partner

Operational Resilience in the supply chain has become an undeniable priority for all financial service providers across the continent.

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Thinking - Blog

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

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Thinking - Publication

Ransoms and Sanctions and Fines (oh my!)

Published on 04 Sep 2023. By Richard Breavington, Partner

Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.

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Thinking - Publication

Ransoms and Sanctions and Fines (oh my!)

Published on 04 Sep 2023. By Richard Breavington, Partner

Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.

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Thinking - Snapshot

The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

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Thinking - Snapshot

EU Guidance on the AI Act

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?

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Thinking - Snapshot

The Online Safety Act: Illegal Harms Codes officially in force, focus now on children

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?

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Thinking - Snapshot

The UK Government’s consultation on Copyright and AI

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?

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Thinking - Snapshot

UK’s new AI Cyber Security Code of Practice

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?

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Thinking - Snapshot

UK’s “AI Opportunities Action Plan”

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?

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Thinking - Snapshot

Snapshots Spring 2025

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Winter 2024

Published on 10 Dec 2024. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Autumn 2024

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

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

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Thinking - Snapshot

Snapshots Summer 2024

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

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

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Thinking - Snapshot

Snapshots Spring 2024

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

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

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Thinking - Snapshot

Snapshots Winter 2023

Published on 12 Dec 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Autumn 2023

Published on 25 Oct 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Summer 2023

Published on 07 Jul 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Spring 2023

Published on 31 Mar 2023. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Snapshot

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of Disputes

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

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Thinking - Blog

Construction disciplinary trends analysis #4: inadequate professional services

Published on 08 Sep 2025. By Emma Wherry, Of Counsel and Ben Goodier, Partner and Aimee Talbot, Knowledge Lawyer

This is the fourth article in our series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team. This time we consider failures to act with skill & care which amount to unacceptable professional conduct and lead to regulatory consequences.

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Thinking - Blog

RICS home improvements

Published on 02 Sep 2025. By Katharine Cusack, Partner and Emma Wherry, Of Counsel and Catherine Zakarias-Welch, Knowledge Lawyer

Earlier this year, we highlighted that the RICS review of its Home Survey Standard, created in 2019 and in place since 2021, was underway and to expect the release of a revised Home Surveys document in 2025 (you can read that article in full here). The Standard sets the benchmark for best practice in residential surveys across the UK, providing a clear framework for consistent, high-quality standards and increased protection for consumers.

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Thinking - Publication

The Week That Was - 8 August 2025

Published on 08 Aug 2025. By Alan Stone, Partner and Ben Goodier, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

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Thinking - Blog

Supreme Court resolves key construction and professional negligence issues in URS Corp Ltd v BDW Trading Ltd

Published on 09 Jul 2025. By Aimee Talbot, Knowledge Lawyer and Ben Goodier, Partner

The Supreme Court handed down its keenly awaited judgment in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21 on 21 May 2025. The dispute concerns whether a developer (BDW Trading Ltd) can recover the cost of remedying allegedly dangerous defects in two residential developments from the structural engineers (URS Corporation Ltd) responsible for their design. Our specialist construction insurance team consider the key points for insurers, brokers and professional consultants.

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Thinking - Blog

Architects' Code reforms – it's important that you have your say!

Published on 08 Oct 2024. By Emma Wherry, Of Counsel

The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.

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