UK law Court of Appeal holds that Parts 3 to 7 of Investigatory Powers Act 2016 is compatible with Articles 8 or 10 of ECHR or retained EU Law In R (National Council for Civil Liberties) v Secretary of State for the Home Department [2023] EWCA Civ 926, the National Council for Civil Liberties challenged…
Convention 108+: The Council of Europe Releases Model Contractual Clauses for Global Data Transfers On June 27, 2023, the Council of Europe announced the adoption of its first module of the Model Contractual Clauses for cross-border data transfers based on the Protocol amending the Convention for the Protection of Individuals with Regard to Automatic Processing…
The use of artificial intelligence in the law has become a subject of intense discussion. In early July, Richard Susskind, President of the Society for Computers and Law, provided his thoughts, including: “Lawyers and the media would do well to ask more often what generative AI means for access to justice and for the client…
In this article we consider the circumstances in which a company which suffers a cyber attack may seek to recover its losses from an IT services provider, and the factors which the company and its advisors should consider. A typical scenario is where a company outsources the management of its IT systems to a managed…
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UK law Select Committee issues report on connected technology The House of Commons Culture, Media and Sport Select Committee has issued a report on connected technology. It says that users must be given clear information about, and a fair chance to understand, the basis on which their data is used and how to exercise their…
From the strikes taking place across Hollywood, worrying headline captions about radical technological evolution replacing the human workforce to the excitement and concern about ChatGPTs used in misinformation campaigns – Artificial Intelligence (AI) is simultaneously enthralling to those seeking to utilise it and frightening for those envisaging scenes where machines take over the world. Peel…
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In November 2020, Ofcom was appointed as the regulator for video-sharing platforms established in the UK. The Communications Act 2003 lists measures that VSP providers must take to protect users from relevant harmful material and under-18s from restricted material. Ofcom has now published a report on video sharing platforms which considers how easy it is…
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Online Choice Architecture consists of tools and techniques used on websites to “nudge” consumers into making certain transactional decisions. The CMA is carrying out a programme of work in this area and is currently investigating Emma Sleep and Wowcher for their use of OCA. The ICO and CMA have now issued a joint report which…
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The European Commission has launched an in-depth investigation under the EU Merger Regulation to review the proposed acquisition of Figma by Adobe. The Commission has concerns that the transaction may reduce competition in the global markets for the supply of interactive product design software and for digital asset creation tools. Adobe is a global software…
James Bessen’s The New Goliaths landed on this reader’s desk for review just as the present AI fanfare started to gain momentum. While the book offers little in the way of concrete predictions as to the development of competition and innovation in AI, its prescience should not be underestimated. Indeed, this eminently readable account of…