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ARTICLES BY hannah.shergold

CMA consults on direct consumer enforcement guidance and rules under DMCC Act

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The Competition and Markets Authority is consulting on draft direct consumer enforcement guidance and rules as required and permitted under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act). The DMCC Act grants new direct enforcement powers, relating to consumer protection law, to the CMA. These new powers enable the CMA to investigate, determine…

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Provisional decision to impose £6m fine on software provider following 2022 ransomware attack that disrupted NHS and social care services

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The ICO has provisionally decided to fine Advanced Computer Software Group Ltd £6.09m, following an initial finding that Advanced failed to implement measures to protect the personal information of 82,946 people, including some sensitive personal information.  Advanced provides IT and software services to organisations at national level, including the NHS and other healthcare providers, and…

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Neural network configurations make Emotional return to identification as programs for a computer

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In the latest UK decision on the patentability of AI inventions, the Court of Appeal has overturned the eye-catching High Court decision relating to Emotional Perception AI Limited’s patent application for an AI system which provided improved file recommendations. The Court of Appeal held that an artificial neural network (ANN) for such a system, whether implemented by hardware or software, was…

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Wowcher to change practices and issue refunds after CMA investigation

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Last week, following its investigation into Wowcher’s online selling practices, the CMA announced that Wowcher will change the way it promotes products and services to customers, in addition to paying £4 million in refunds to consumers. Some organisations use so-called “dark patterns” or online choice architecture to “nudge” customers into buying products that they otherwise…

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Ofcom fines TikTok £1.875 million for providing inaccurate data on safety controls

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Ofcom has fined TikTok £1.875 million for failing to accurately respond to a formal request for information about its parental controls safety feature. Under the Communications Act 2003., organisations regulated by Ofcom must respond to all statutory information requests from Ofcom in an accurate, complete and timely way. This includes providing accurate and complete information….

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Consumer protection associations may bring legal proceedings for infringement of data subject rights

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The Court of Justice of the European Union has ruled in Meta Platforms Ireland Ltd v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV (Case C-757/22).  It considered if a consumer protection association has standing under Article 80(2) of the GDPR. Meta Platforms Ireland manages Facebook and is the controller of users’ personal data…

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European Commission coordinates action by national consumer protection authorities against Meta on “pay or consent” model

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The EU’s Consumer Protection Cooperation (CPC) Network is taking action following concerns that Meta’s “pay or consent” model might breach EU consumer law. The Commission is coordinating the action. It is due to Meta requesting that consumers either subscribe to use Facebook and Instagram for a fee, or consent to Meta’s use of their personal…

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ICO Annual Report: Highlights

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The Information Commissioner’s Office has published its annual report for 2023-24.  This article sets out the highlights. The ICO commits to four “enduring strategic objectives”: Investigations The ICO concluded 285 civil investigation cases and 80 incidents in 2023-24. Five prosecutions and five cautions were brought for ‘unlawfully obtaining’ offences under the Data Protection Act. These…

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