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Cyber_Bytes - Issue 52

Published on 09 May 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Legislation Empowering the CMA's Digital Markets Unit Introduced into Parliament

Published on 05 May 2023. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Melanie Musgrave, Of Counsel

The long-anticipated Digital Markets, Competition and Consumers Bill (the Bill) has now begun its parliamentary journey following its introduction on 25 April 2023. Described as a "flagship bill" by the CEO of the Competition and Markets Authority (the CMA), the Bill not only introduces major landscape reforms to the UK's consumer protection regime and significant enhancements to the CMA's competition law powers, it also ushers in a new regime for digital markets. The Bill has the potential to be a "watershed moment" in how UK digital markets are regulated.

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

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.

Understanding and managing the risks in artificial intelligence (AI) technology projects

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

How do you go about managing the risks and challenges that might arise during the deployment of AI technology?

Next-gen AI: Disrupting your business?

Published on 11 Apr 2023. By Nicholas McKenzie, Associate

It’s no secret the tech sector is going through a tough time at the moment with the large swathes of layoffs seen in 2022 continuing into 2023. So much so that bespoke trackers now actively monitor the 167,004 (and counting) tech jobs already lost this year.

RPC hires Dr Matthew Jones as Partner to join its award-winning IP and technology practice

Published on 03 Apr 2023. By Matthew Jones, Partner

RPC hires Dr Matthew Jones as Partner to join its award-winning IP and technology practice

The Online Safety Bill and the risk of unintended consequences

Published on 31 Mar 2023. By Nadia Tymkiw, Senior Associate

The Online Safety Bill was reintroduced to Parliament late last year, with new amendments receiving scrutiny in the House of Commons in December, before the bill entered the House of Lords in January. The bill continues to evolve, most notably with the government removing the requirement for user-to-user platforms and search engines to prevent adult users from encountering "legal but harmful" content, instead requiring online platforms to provide users with enhanced content controls (i.e., choice as to what content is seen), and imposing further obligations around transparency and enforcement of online platforms' terms and conditions. "Legal but harmful" obligations remain in place for under 18s. The government has recently agreed to introduce criminal sanctions for senior managers who fail to take proportionate measures to protect children from potentially harmful content.

Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

RPC reacts to UK Government White Paper on AI

Published on 30 Mar 2023. By Jon Bartley, Partner and Ciara Cullen, Partner and Richard Breavington, Partner and Kelly Thomson, Partner, ESG Strategy Lead and Helen Armstrong, Partner and Patrick Brodie, Partner and Mamata Dutta, Partner

RPC reacts to UK Government White Paper on AI

Cyber_Bytes - Issue 51

Published on 28 Mar 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Cyber_Bytes - Issue 50

Published on 09 Mar 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

AI technology projects – the regulatory landscape

Published on 24 Feb 2023. By Helen Armstrong, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Knowledge Lawyer

Parties engaged in AI technology projects should be mindful of the regulatory landscape, and the changes taking place within it. A failure to do so could result in an AI solution that is not compliant from a regulatory perspective, the use of which potentially creates risk for the technology provider and user.

RPC Law x Web3: Gambling regulations – Don't Play Games of Chance with the Law

Published on 22 Feb 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

This is part of a series of RPC x Web3 articles designed to help Web3 participants and enthusiasts understand their rights in this rapidly evolving space.

Cyber_Bytes - Issue 49

Published on 01 Feb 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

The NIS Regulations to expand to bring outsourced IT providers and managed service providers into scope

Published on 05 Jan 2023. By Richard Breavington, Partner

The UK's Network and Information Systems ("NIS") Regulations came into force in May 2018 to boost the level of security of network and information systems for the provision of essential services, such as transport, energy, water, health and digital infrastructure ("operators of essential services (OES)"). These Regulations also applied to digital services, such as online marketplaces, online search engines and cloud computing services ("relevant digital service providers (RDSPs)").

Cyber_Bytes - Issue 48

Published on 04 Jan 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

RPC Law x Web3: If There's Something Strange in the Web3 World, Who You Gonna Call?

Published on 06 Dec 2022. By Selina Toh, Senior Associate and Nick Lauw, Partner and Yuankai Lin, Partner

"And the way we win is by creating a new, democratic, decentralised internet, one where the behaviour of companies like this will be impossible forever. One where it is the users, not the kings, who have sovereign control over their data." - Richard Hendricks, in the HBO TV Series "Silicon Valley", portrayed by Thomas Middleditch

Cyber_Bytes - Issue 47

Published on 02 Dec 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

New Digital Regulators on the 2023 Horizon: the Digital Markets Unit and the European Centre for Algorithmic Transparency

Published on 02 Dec 2022. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner

For a number of years, the UK Government has been laying the groundwork to bring in a digital markets regime to regulate digital firms designated as having ‘strategic market status’ (SMS). To be designated as having SMS, a firm must have 'substantial and entrenched market power' in at least one activity. Companies having SMS are likely to include the largest tech firms such as Amazon, Apple, Google, Microsoft and Meta (the so called 'GAMMA' firms).

RPC Law x Web3: Considerations for NFT Founders Building Communities and Providing Utility to Holders

Published on 09 Nov 2022. By Nick Lauw, Partner

In the past when one purchased an NFT, the only expectation was that he, she, or they was purchasing rights in an asset (usually a digital artwork).

Cyber_Bytes - Issue 46

Published on 01 Nov 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Digital services providers—Commission to focus on implementation phase of EU consumer protection legislation

Published on 31 Oct 2022. By David Cran, Partner, Head of IP & Tech and Ellie Chakarto, Senior Associate

The Digital Services Act (DSA) and the Digital Markets Act (DMA) are published in the Official Journal and the plenary vote of the European Parliament on the proposed text of the AI Act is expected once amendments are agreed by negotiators. The Commission is now turning its focus to the implementation phase of these landmark regimes. So, what does the future hold for the European tech sector and how might it differ for the UK?

RPC hires Helen Armstrong to grow its award-winning Technology practice

Published on 31 Oct 2022. By Helen Armstrong, Partner

RPC continues its investment in its Tech Disputes offering to support the firm's rapid growth within the technology sector. Armstrong is RPC's 20th new Partner in 2022; mix of lateral hires and internal promotions.

The EU Digital Markets Act - a focus on gatekeeper obligations and sanctions

Published on 12 Oct 2022. By David Cran, Partner, Head of IP & Tech and Joshy Thomas, Knowledge Lawyer

What key obligations will the Digital Markets Act (DMA) impose on online platforms designated as gatekeepers?

The Metaverse, green claims and data privacy – what critical issues lie ahead for retailers and consumer brands in Autumn 2022?

Published on 12 Oct 2022. By Jeremy Drew, Partner, Head of Commercial and Karen Hendy, Partner, Head of Corporate and Ciara Cullen, Partner

International law firm RPC launches the latest edition of Retail Compass

Recent developments in data subject litigation caselaw

Published on 10 Oct 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Two interesting recent developments in the case law relating to data subject litigation. These further undermine the viability of low-value claims for personal data breaches for claimant law firms.

Hong Kong's enhanced e-reporting system for internet fraud

Published on 06 Oct 2022. By Jonathan Crompton, Partner

On 19 September 2022, the Hong Kong Police Force announced its upgraded e-reporting system for internet crimes and frauds, which aims to improve the processing and analysing of cyber crimes.

Cyber_Bytes - Issue 45

Published on 29 Sep 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

RPC Law x Web3: Ownership of Digital Assets in Web3

Published on 27 Sep 2022. By Nick Lauw, Partner

This is the inaugural part of a series of articles relating to legal issues around Web3. Over the course of the next few months, will hope to provide you with some thoughts and insights on the areas of Web3 where potential legal issues may arise based on current laws.

Singapore data protection update

Published on 15 Sep 2022. By Nick Lauw, Partner

New guidance from the Court of Appeal for parties involved in an action against another individual for loss and damage suffered as a result of a contravention of the provisions of the PDPA.

RPC's growing Singapore office welcomes new Tech Partner

Published on 08 Sep 2022. By Nick Lauw, Partner

• The move is driven by growing client demand and the firm's ambition to grow its award-winning international Technology practice to support its clients' commercial needs. • RPC has now hired 8 Partners in 2022, in addition to promoting 10 new Partners at the beginning of May, across Hong Kong, Singapore, London and Bristol.

Cyber_Bytes - Issue 44

Published on 26 Aug 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

European Parliament formally adopts Digital Services Act

Published on 16 Aug 2022. By David Cran, Partner, Head of IP & Tech and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Joshy Thomas, Knowledge Lawyer

Following provision political agreement by the Council and the European Parliament in April 2022, on 5 July 2022 the European Parliament formally adopted the Digital Services Act (DSA). The DSA has yet to be adopted by the Council.

Solana hack could lead to claims against its developers and service providers

Published on 10 Aug 2022. By Christopher Whitehouse, Senior Associate and Dan Wyatt, Partner

A cyberattack on Solana, which has resulted in the wallets of 8,000 customers being drained, could potentially lead to claims being taken against its software developers and third-party service providers, says international law firm RPC.

Cyber_Bytes - Issue 43

Published on 02 Aug 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Cyber Incident Reporting Obligations for Hong Kong Licensed Financial Services Companies

Published on 02 Aug 2022. By Jonathan Crompton, Partner and Flora Leung, Senior Associate

The number of cyber-attacks is on the rise. In particular, financial services companies have been identified as key targets for threat actors in the Q2 of 2022.

Changes to data protection legislation in Asia – 2022 update (including Mainland China)

Published on 19 Jul 2022. By Jonathan Crompton, Partner and Yuankai Lin, Partner

Looking back on the last 18 months, the data privacy laws of several Asian jurisdictions have been updated to incorporate stronger protections for individuals’ personal data. This article provides an update on a handful of jurisdictions in Asia and summarises some of those main changes, including the far-reaching implications of the new data protection law in Mainland China.

Serving court documents by NFT will help fraud victims recover assets - but crypto exchanges are 'likely to be on red alert' after trust ruling

Published on 13 Jul 2022. By Christopher Whitehouse, Senior Associate and Dan Wyatt, Partner

• International law firm RPC says ruling in D’Aloia v. Persons Unknown and Binance Holdings Limited & Others is 'very significant' for crypto fraud victims • But cryptocurrency exchanges could now face claims for breach of trust for misappropriated funds held on their platforms

Cyber_Bytes - Issue 42

Published on 06 Jul 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

Crypto crash likely to lead to wave of litigation, warn lawyers

Published on 05 Jul 2022. By Christopher Whitehouse, Senior Associate and Dan Wyatt, Partner

Litigation funders beginning to finance cryptocurrency disputes

RPC strengthens award-winning Technology practice with leading Partner hire

Published on 04 Jul 2022.

International law firm RPC has hired Commercial, Technology and Outsourcing lawyer Tania Williams to join the firm's award-winning Technology practice in London as a Partner. Tania starts from the 4 July 2022.

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.

Cyber_Bytes - Issue 41

Published on 30 May 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to latest edition of Cyber_Bytes, our regular round up of key developments in cyber, tech and evolving risks.

1.5 million square metres added to distribution warehouse centres in past year – as e-commerce booms

Published on 20 May 2022. By Jeremy Drew, Partner, Head of Commercial

Large distribution warehouse centres saw an extra 1,500,000m²* in space added last year, the equivalent of 210 football pitches, according to RPC, the international law firm.

Crypto crash could 'give rise to disputes and flush out frauds'

Published on 12 May 2022. By Christopher Whitehouse, Senior Associate

Cyber_Bytes - Issue 40

Published on 09 May 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to latest edition of Cyber_Bytes, our regular round up of key developments in cyber, tech and evolving risks.

42.2m people in the UK had their financial data compromised in breach last year- up 1,777%!

Published on 19 Apr 2022. By Richard Breavington, Partner

Financial data belonging to as many as 42.2m* people in the UK was compromised in data breaches last year, up 1,777% from 2.2m in 2019-20, says RPC, the international law firm.

Cyber_Bytes - Issue 39

Published on 15 Feb 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

EDPB guidelines on personal data breach notifications

Published on 14 Feb 2022. By Richard Breavington, Partner and Elizabeth Zang, Associate

Last month, the EDPB published their "Guidelines on Examples regarding Personal Data Breach Notification" (the Guidelines). These are intended to provide "practice-oriented, case-based" guidance on when it is necessary to notify the relevant supervisory authorities (the SA) under Article 33(1) of the GDPR and/or data subjects under Article 34(1) of the GDPR following a personal data breach.

"Remain vigilant": RPC warns businesses in wake of KP Snacks cyber attack

Published on 03 Feb 2022. By Richard Breavington, Partner

Business large and small have been warned to remain vigilant to cybercrime after British snack company KP Snacks confirmed it had fallen victim to a ransomware attack which disrupted its food production and distribution.