The Competition and Markets Authority is consulting on draft guidance about the protection from unfair trading provisions in the Digital Markets, Competition and Consumers Act 2024. The unfair commercial practices (UCP) provisions in the DMCC Act prohibit unfair commercial practices, replacing and updating the Consumer Protection from Unfair Trading Regulations 2008. The UCP provisions: The…

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Mark Ryan and Tom Sweet of SES Secure trace the evolution of software escrow and the impact of AI on its use As many readers will know, software escrow is a risk mitigation tool that safeguards the critical assets, such as software applications, organisations are reliant on. It typically involves a tri-party legal agreement being…

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For the first time following a full trial, the English High Court in D’Aloia v Persons Unknown, Bitkub and others [2024] EWHC 2342 (Ch) has confirmed that cryptocurrency, specifically USD Tether (USDT), can be traced and can constitute property under English law. The court also made observations as to key legal and evidential links needed…

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James Gill and Fiona Vickerstaff of Lewis Silkin summarise a recent case on the legal status of software as a service. Those of us working in the tech space will remember the relatively recent case of The Software Incubator Ltd v Computer Associates UK Ltd in which the CJEU decided that a perpetual licence to use software constituted…

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The European Commission has published the findings of the Digital Fairness Fitness Check, which assessed if current EU consumer protection laws are fit for purpose to ensure a high level of protection in the digital environment. The Fitness Check covered three core Directives: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair…

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