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Thinking - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Senior Knowledge Lawyer

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 - Snapshot

Snapshots Summer 2025

Published on 23 Sep 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 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 - Snapshot

UK Data (Use and Access) Act comes into force

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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

Published on 10 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

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 - 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 - Blog

Generative Artificial Intelligence Risks for Litigation Lawyers

Published on 09 Jun 2025. By Nick Bird, Partner and Cheryl Laird, Senior Associate

In R (on the application of Frederick Ayinde) v The London Borough of Haringey AC-2024-LON-003062 the President of the King's Bench Division (Dame Victoria Sharpe) and Mr Justice Johnson gave judgment in two referrals that had been made under the Hamid jurisdiction. That jurisdiction is the court's inherent jurisdiction to regulate its own procedures and enforce the obligations that lawyers owe to it.

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Thinking - Blog

AI in auditing: Embracing a new age for the profession

Published on 08 Jul 2024.

Artificial Intelligence (AI) is a rather new concept for many (ignoring those versed in 80’s Sci-Fi movies); it’s something many don’t know much about and certainly don’t use in our day-to-day lives (or at least appreciate we are using). However, that’s not the case for everyone. Auditors have long been reaping the benefits of AI, but are auditors just scratching the surface of what AI can offer and what impact will an increased use have on their insurance requirements and claims they face?

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Thinking - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024.

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Thinking - Blog

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, Senior 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.

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Thinking - Publication

The Role of AI in Disputes

Published on 10 Jun 2025. By Daniel Hemming, Partner and Ricky Cella, Senior Associate and Joshy Thomas, Senior Knowledge Lawyer

While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.

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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

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 - Publication

Green claims update: June 2025

Published on 26 Jun 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Hettie Homewood , Senior Associate and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Welcome to our round-up of the key legal and regulatory developments relating to green claims.

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Thinking - Blog

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

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)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

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)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Joshy Thomas, Senior Knowledge Lawyer

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

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 - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Of Counsel

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.

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Thinking - Snapshot

Ofcom publishes children's online safety codes and risk assessment guidance

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What measures must in-scope service providers undertake following the introduction of Ofcom's Protection of Children Codes and Guidance (the Codes)?

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Thinking - Snapshot

New UK Software Security Code of Practice

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What impact will the new voluntary Software Security Code of Practice have on UK organisations?

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Navigating the AI Act: The GPAI Code of Practice and Guidelines

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does the European Commission’s GPAI Code of Practice and Guidelines mean for providers of General Purpose AI models?

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Thinking - Snapshot

First fines issued under the EU Digital Markets Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

How have obligations under the Digital Markets Act (DMA) been enforced recently and what are the ramifications for a lack of compliance?

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Thinking - Snapshot

EU Commission's call for evidence on European Business Wallet

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What is the new European Business Wallet and how could businesses benefit from it?

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Thinking - Snapshot

EU Commission seeks feedback on guidelines for the protection of minors online under the Digital Services Act

Published on 23 Sep 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What might the change in the Digital Services Act (DSA) guidelines mean for providers of online platforms that can be used by minors?

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Thinking - Publication

Generative AI – addressing copyright

Published on 22 Sep 2025. By Ciara Cullen, Partner, Consumer Brands & Retail Sector Lead and Joshy Thomas, Senior Knowledge Lawyer and Rory Graham, Associate

When it comes to the interaction of AI and IP rights, most attention and litigation has been focussed on copyright. The three main issues are whether: (1) the way FMs are trained using works from the internet infringes the copyright in the works of content creators such as authors, artists and software developers; (2) the outputs of FMs infringe the copyright of content creators; and (3) AI generated works are protectable.

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Thinking - Publication

What is a foundation model?

Published on 11 Jun 2025. By Caroline Tuck, Partner and Joshy Thomas, Senior Knowledge Lawyer and Rory Graham, Associate

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Thinking - Publication

Part 1 - UK AI regulation

Published on 11 Jun 2025. By Caroline Tuck, Partner and Praveeta Thayalan, Senior Knowledge Lawyer and Ricky Cella, Senior Associate

There has been consistent messaging from the UK Conservative-led government that the UK has decided to adopt a light touch approach to regulating AI. This was evident in the AI white paper published in March 2023 which outlined a principles based framework (see ['The Ethics of AI – the Digital Dilemma'] for more information about the principles themselves and see here for additional coverage of the AI white paper). The UK government held a consultation on the AI white paper in 2023 and published a response on 6 February 2024 that adds slightly more flesh to the bones of the UK framework.

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Thinking - Publication

AI and Privacy – 10 Questions to Ask

Published on 10 Jun 2025. By Jon Bartley, Partner and Praveeta Thayalan, Senior Knowledge Lawyer

We set out in this section 10 key questions to ask yourself at the outset when developing or deploying AI solutions in your business.

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