UK law CMA consults on draft guidance for the markets regime in the Enterprise Act 2002 The Competition and Markets Authority (CMA) is consulting on its draft new guidance for the markets regime in the Enterprise Act 2002, as amended by the Digital Markets, Competition and Consumers Act 2024. The consultation ends on 3 December…
The return of the great SaaS debate: is it goods or services?
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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European Commission publishes results of Digital Fairness Fitness Check
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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Ofcom issues update about its progress to bring Online Safety Act into effect
Ofcom has published an update on its progress to bring the Online Safety Act 2023 into effect. The Act means that companies that operate a wide range of online services are legally responsible for keeping people, especially children, safe online. Online platforms and services will soon have new duties to protect UK users by assessing…
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This Week’s Techlaw News Round-up
UK law CMA launches court action against Emma Sleep to protect UK consumers Back in 2022, the CMA opened an investigation into Emma Sleep over concerns that some of its online sales practices, such as discounts and urgency claims, including countdown timers and high demand prompts, may mislead consumers. The CMA called on Emma Sleep…
European Commission requests for information about recommender systems under the Digital Services Act
The European Commission has sent a request for information to YouTube, Snapchat, and TikTok under the Digital Services Act, asking them to provide more information on the design and functioning of their recommender systems. Under the DSA, platforms must assess and adequately mitigate risks stemming from their recommender systems, including risks for the mental health…
Coimisiún na Meán adopts final Online Safety Code
Coimisiún na Meán has published its finalised Online Safety Code. The Code sets binding rules applying to video-sharing platforms who have their EU headquarters in Ireland. The general obligations contained in the Code will apply from November 2024 and platforms will have an implementation period for certain detailed provisions, which require IT build, to come…
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UK government unveils new Data (Use and Access) Bill
A new Data (Use and Access) Bill has been introduced to the UK parliament with the aim of unlocking the secure and effective use of data for the public interest. This follows previous attempts at amending UK data protection law under the previous government. Improving public services The Bill aims to use the power of…
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Ofcom consults on fees and penalties under online safety regime
The Online Safety Act requires that Ofcom’s operating costs for the online safety regime are covered by providers of regulated services through a fees regime, and that the calculation of fees should be based on providers’ qualifying worldwide revenue (QWR). The Act also stipulates that the same determination of QWR for fees is also used…
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Generative AI: Redefining Access To Justice
Amanda Chaboryk examines how policies and organisations may need to adapt if generative AI is to be used to improve access to justice. Introduction The legal field has consistently faced a growing and essential demand for innovation to tackle persistent issues related to access to justice. At a high level, the primary factors that impact access…