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

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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This week’s Techlaw news round-up

UK Spreadex and Sporting Index merger raises provisional competition concerns Last year, Spreadex acquired the “retail business” of Sporting Index from Sporting Group Holding Limited (Sporting Group). Spreadex and Sporting Index both provide fixed odds betting and sports spread betting to customers based in the UK. The CMA reviewed the acquisition and decided that a…

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

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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European Artificial Intelligence Act comes into force

The AI Act came into force on 1 August. It aims to ensure that AI developed and used in the EU is trustworthy, with safeguards to protect people’s fundamental rights. It also aims to establish a harmonised internal market for AI in the EU, encouraging AI’s uptake and creating a supportive environment for innovation and…

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Winner is announced for the SCL Tech Law ‘Green’ Dragons’ Den Competition

Sponsored by decoded.legal and Colt Technology Services A competition to hear ideas from students and prospective trainees on how the law can embrace sustainability principles. The challenge we set: Which legal, environmental, social, or governance issue can be resolved with improved technology and how? The DragonsOur Dragons are experts in the field of technology, ESG, and…

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

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

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

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

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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This Week’s Techlaw News Round-up

UK law Software development that built on existing code qualified as R&D In Get Onbord Ltd (in Liquidation) v HMRC [2024] UKFTT 617 (TC) the First-tier Tribunal held that expenditure incurred by a company when it developed a new AI-based analytical process qualified for R&D tax relief. The project built on existing material, but its…

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