In January 2024, the ICO launched its five-part generative AI consultation series. It has now published its consultation response. The series set out to address regulatory uncertainties about how specific aspects of the UK GDPR and the DPA 2018 apply to the development and use of generative AI. It did that by setting out the…
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The Competition and Markets Authority is consulting on draft guidance about the protection from unfair trading provisions in the Digital Markets, Competition and Consumers Act 2024.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…
The UK government is consulting on how copyright material can be used to train AI models. It aims to ensure protection and payment for rights holders and support AI developers to innovate responsibly. Currently, uncertainty about how copyright law applies to AI is holding back both sectors from reaching their full potential. It can make…
In June 2022, the ICO announced a two-year trial of a revised approach to working more effectively with public authorities across the UK. This is the “public sector approach”, which saw the use of the Commissioner’s discretion to reduce the impact of fines on public bodies and the services they provide, and aimed at improving…
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The Basics and Beyond Rónán Kennedy reviews a book aimed directly at the legal professional who needs to understand the technology they advise on. Those who work in law and technology are sure to encounter some aspect of hardware or software that they do not understand, either because it is new or because they simply…
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UK law Court of Appeal rejects appeal against UK Information Commissioner’s monetary penalty notice The ICO has issued a statement welcoming the Court of Appeal’s unanimous dismissal of an appeal by Doorstep Dispensaree Limited (DDL) against a monetary penalty notice (MPN) issued by the Commissioner on 17 December 2019. In its judgment, the CoA rejected…
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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Volker Matz and Martin Cox outline some of the obstacles facing organisations seeking to use generative AI in their processes. Generative AI is at the forefront of current and future organisational change, offering significant opportunities for innovation but also posing challenges around adoption, copyright, and regulatory compliance. As businesses integrate AI-generated content into their operations,…
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William Hooper looks at how software design can influence the success of a project. William Heath Robinson had a delightful eye for the absurd. His designs were elaborate and amusingly flawed. How is software designed and built, and what is the effect of this on value to a customer? Does it matter if the design…
Ofcom has updated its strategy and approach to digital markets, highlighting those areas on which it intends to focus its attention as well as some of its recent work. Since it published its Digital Markets Strategy in September 2022, Ofcom has carried out work in the following areas: Future objectives Ofcom’s next areas of focus…
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