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New 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 moreEU AI ACT-ion stations
The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.
Read moreWhat To Know About AI Fraudsters Before Facing Disputes
Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.
Read moreThe November 2023 AI safety summit and the UK's direction of travel
The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.
Read moreAI and ChatGPT in Law firms
First published by 39 Essex Chambers, in this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by the use of large language models (LLMs) such as ChatGPT in a law firm environment.
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 moreUnlocking Generative AI’s Potential: Ethics, Creativity, and Impact
What if you could unlock the full potential of Generative AI and its impact on your life and company?
Read moreThe "Unicorn Kingdom's" AI White Paper
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.
Read moreGenerative AI and intellectual property rights—the UK government's position
The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.
Read moreNew developments in AI may put law firms at greater risk of phishing fraud
As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.
Read moreSports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world
In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.
Read moreUnderstanding and managing the risks in artificial intelligence (AI) technology projects
How do you go about managing the risks and challenges that might arise during the deployment of AI technology?
Read moreRPC reacts to UK Government White Paper on AI
RPC reacts to UK Government White Paper on AI
Read moreICO publishes guidance on AI decision making
How can companies comply with data regulation when using AI to make decisions affecting individuals?
Read moreCMA investigates Ticketmaster for dynamic pricing of Oasis tickets
Can dynamic pricing breach consumer protection rules?
Read moreCMA publishes guidance for fashion retailers on environmental claims
How best can fashion retailers protect themselves from regulatory action when making green claims?
Read moreEuropean consumer body challenges in-game premium currencies
When does the use of in-app and in-game premium currencies pose consumer regulatory issues? Does this consumer complaint herald a tightening by the EU on revenue streams for game and app developers and platforms?
Read moreUK pricing practices in the spotlight
What should businesses take note of recent amendments to the UK’s Price Marking Order and the CMA’s newly published report on loyalty pricing?
Read moreNews Flash: Timeline for the Digital Markets, Competition and Consumers Act
On 24 May 2024, the UK’s Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent.
Read moreA new era for sustainability consumer products: the EU’s new Ecodesign for Sustainable Products Regulation (ESPR)
On 18 July 2024 the ESPR entered into force setting a framework for new ecodesign rules in the EU. It will have significant impacts for retailers and consumer brands selling products in the EU. It will introduce new minimum ecodesign requirements for specific product categories (with an initial focus on textiles), make digital product passports mandatory and set rules on the destruction of unsold products. Companies face the risk of fines, consumer claims and reputational damage for non-compliance.
Read moreProduct liability and safety legislative refurb
The current legislation governing product safety is the General Product Safety Directive (GPSD), but its shortcomings, especially on tech, are evident.On 13 December 2024 the EU will be replacing the GPSD with the General Product Safety Regulation (GPSR), and the latest King’s Speech indicated it will be replaced in the UK by a Product Safety and Metrology Bill.Separately, EU Member States are rolling out a revised Product Liability Directive (PLD) which captures the provision of software, digital services and online marketplaces.
Read moreThe EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act
It is now less than a year until the EU Accessibility Act (EAA) comes into force, which will require businesses to ensure a range of products (eg smartphones and computers) and services (eg e-commerce services, consumer banking services, and ebooks) are accessible for persons with disabilities.
Read moreSeeing the wood for the trees: preparing for new deforestation due diligence rules in the UK and EU
Read moreUrgently Misleading: the CMA secures undertakings from Wowcher and £4 million of customer refunds
When does a selling practice create a false sense of urgency that is considered misleading by the Competition and Markets Authority (CMA)?
Read moreExemption from HFSS product restrictions for Ofcom-regulated internet protocol television (IPTV) services
What is the UK Government's proposal for the incoming HFSS restrictions in relation to IPTV advertising?
Read moreCMA targets Simba for misleading online choice architecture
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?
Read moreCMA publishes draft guidance on enforcement of DMCCA consumer law
How will the CMA look to enforce the consumer protection law sections of the recently enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
Read moreNavigating retail's sustainable revolution as ESG shapes the industry's future
As the retail regulatory landscape continues to develop at pace and affordability and sustainability remain important for consumers, ESG poses a variety of opportunities and challenges for those in the retail and consumer market.
Read moreTop tips for Influencing Senior Stakeholders on Environmental Programmes: Insights from a Responsible Business Professional
Effectively influencing senior stakeholders is essential for the success of Environmental, Social, and Governance (ESG) programmes.
Read moreThe EU’s Product Liability Directive expands to cover digital technology
What changes to civil product liability have been implemented by the European Commission for defective digital products and software?
Read moreProduct Security and Telecommunications Infrastructure Regulations: a new security regime for smart devices
What does the new cyber security regime mean for “smart” devices in the UK?
Read moreEmpowering consumers through the EU’s Green Transition Directive
What are the enhanced consumers rights arising from the EU’s Directive on Empowering Consumers for the Green Transition (the Empowering Consumers Directive)?
Read moreThe EU’s new General Product Safety Regulation is set to land in December 2024
What do manufacturers and online marketplaces need to think about as the EU General Product Safety Regulation (GPSR) comes into force in December 2024?
Read moreThe Digital Markets, Competition and Consumers Act becomes law
What changes will the new Digital Markets, Competition and Consumers Act bring to the consumer protection and competition regulation landscape?
Read moreThe EU's Green Claims Directive
The EU's proposed Green Claims Directive (GCD) sets out expansive new rules for companies making green claims in the EU.
Read moreParliamentary 'wash up' – which Bills made it through?
On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.
Read moreConsumer friendly compliance – guidance for retailers and consumer brands on the DMCC Bill
Following receipt of some 372 responses to the "Smarter Regulation: Improving consumer price transparency and product information for consumers" Consultation, the government has published its response in which it proposes significant amends to the Price Marking Order alongside new additions to the DMCC Bill.
Read moreHigher stakes cybercrime – prepare now
Cybercrime continues to increase and shows no signs of stopping.
Read moreFood and beverage 2050: The transition to net zero
Following publication in October 2023 of its final Disclosure Framework for private sector entities to transition to a net zero economy, the TPT published draft Food & Beverage Sector Guidance in November 2023.
Read moreVirtual advertising: a glimpse into the future
Virtual advertising and experiences are transforming the way real world property can be used by turning it into a canvas for digital content.
Read moreThe rise of recommerce
Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.
Read moreCollective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill
Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?
Read moreThe DMCC Bill: New laws set to ban fake reviews and drip pricing from online shopping
What new laws is the UK Government planning to introduce to tackle fake reviews and unfair fees when it comes to online shopping?
Read moreOnline Fraud Charter agreed by largest tech companies
What are the obligations for tech companies that have signed up to the UK’s Online Fraud Charter (the Charter)?
Read moreGreen claims: key takeaways from the CMA's first investigation
After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.
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