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Thinking - Publication
Regulatory Radar: quick takes May 2025
Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators.
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Thinking - Snapshot
Snapshots Summer 2025
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Spring 2025
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Winter 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Autumn 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Snapshot
Snapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
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Thinking - Publication
All is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
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Thinking - Blog
Privacy developments – looking back and looking forward
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
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?
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!)
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!)
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
UK Data (Use and Access) Act comes into force
What are the key elements of the UK’s new Data (Use and Access) Act (DUAA)?
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Thinking - Snapshot
ICO publishes new guidance on anonymisation and pseudonymisation
What are the ICO's latest key recommendations for effective anonymisation and pseudonymisation of personal data?
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Thinking - Snapshot
Encryption under scrutiny: what the ICO’s new guidance means for your business
What is the ICO's current thinking around encryption practices where organisations are subject to the UK GDPR?
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Thinking - Snapshot
€530m TikTok fine highlights the importance of effective international data transfer mechanisms
What were the missing compliance elements in TikTok's international data transfers to China and why did these result in such a significant fine?
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Thinking - Snapshot
High Court rules against Sky Betting’s targeted marketing
What constitutes valid consent under UK data protection law, particularly in the context of targeted marketing to vulnerable individuals?
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Thinking - Snapshot
Status update on the UK’s new Data (Use and Access) Bill
The UK’s new Data (Use and Access) Bill (DUA Bill) is on its way, but where is it in the legislative process? And what are proving the sticking points?
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Thinking - Snapshot
Developing responsible GenAI – the UK and EU regulatory view
What is the UK and EU data protection authorities’ view on ensuring responsible generative AI (GenAI) development and deployment?
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Thinking - Snapshot
European Data Protection Board adopts statement on age assurance technologies
How is the European Data Protection Board (EDPB) proposing to address the benefits and risks of age assurance technologies?
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Thinking - Snapshot
New ICO guidance for “consent or pay” online ads
What is the view of the UK Information Commissioner’s Office (ICO) on whether “consent or pay” online advertising models are compliant with UK data protection law?
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Thinking - Publication
Green claims update: June 2025
Welcome to our June 2025 round-up of the key legal and regulatory developments relating to green claims.
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Thinking - Blog
Acceptable levels of consumer harm – the FCA seek guidance in balancing risk with reward
The chief executive of the Financial Conduct Authority (FCA), Nikhil Rathi, has called for the UK government to define an 'acceptable level of consumer harm' in response to the government's demand for reduced regulations.
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Thinking - Blog
The 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.
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Thinking - Blog
Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)
In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).
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Thinking - Blog
Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)
In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.
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Thinking - Blog
A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)
When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.
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Thinking - Snapshot
Green claims update
In a shock last minute U-turn, the European Commission proposed withdrawing the Green Claims Directive over concerns about the regulatory burden, particularly for SMEs, of getting green claims independently verified.
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Thinking - Snapshot
CJEU rules on comparative advertising and online comparison services
Does an online comparison service fall within the remit of the comparative advertising rules contained in the Misleading and Comparative Advertising Directive (2006/114/EC)?
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Thinking - Snapshot
CAP issues guidance on use of AI in ads
When does the use of AI need to be disclosed in ads?
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Thinking - Snapshot
Brand-only ads excluded from restrictions on advertising "less healthy" food and drink products
Do the new restrictions on advertising "less healthy" food and drink products apply to brand-only advertising?
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Thinking - Snapshot
ASA rules against brand for an ad it had never seen
Are brands responsible for third-party advertising of their products, even when they never directly authorised (or had ever seen) those ads?
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Thinking - Snapshot
ASA & CAP's focus on AI influencer ad disclosures
What top tips can be taken from the UK Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) in their recent Annual Report for 2024 and report on Influencer Ad Disclosure on Social Media (Influencer Report)?
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Thinking - Snapshot
Contract 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?
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Thinking - Snapshot
Court 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?
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Thinking - Snapshot
Supreme 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?
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Thinking - Snapshot
Variation 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?
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Thinking - Snapshot
The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!
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
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
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
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
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”
How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?
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