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CMA investigates education software firm over potential abuse of dominance

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The CMA is investigating whether Education Software Solutions (ESS) might be abusing a dominant position in the supply of management information systems (MIS) software by making it difficult for schools to switch provider. MIS are important databases used to handle student information, such as attendance and safeguarding, and most UK schools are required to have…

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Ofcom publishes draft children’s code under Online Safety Act 2023

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Ofcom has published its draft Children’s Safety Codes of Practice, which sets out how it expects online services to meet their legal responsibilities to protect children online. This is the second key consultation under the Online Safety Act and includes Ofcom’s proposals for how internet services that enable the sharing of user-generated content (user-to-user services)…

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Commission opens formal proceedings against Facebook and Instagram under the Digital Services Act

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The European Commission has opened formal proceedings to assess if Meta (Facebook and Instagram), may have breached the Digital Services Act. As regular SCL readers will be aware, Facebook and Instagram were designated as Very Large Online Platforms (VLOPs) on 25 April 2023 under the DSA, as they both have more than 45 million monthly…

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Advocate General gives opinion on scope of Software Directive’s computer program protection

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Advocate General Szpunar (AG) has issued an Opinion in Case C?159/23: Sony Computer Entertainment Europe Ltd v Datel Design and Development Ltd and others. The Advocate General has expressed the opinion that Article 1(1) to (3) of Directive 2009/24/EC on the legal protection of computer programs (Software Directive) must be interpreted as meaning that the…

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UKJT publishes Legal Statement on digital assets and English insolvency law

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Following consultation, the UKJT has published its Legal Statement on Digital Assets and English Insolvency Law. This is the third Legal Statement issued by the UKJT. The first was its Legal Statement on the Status of Cryptoassets and Smart Contracts. published in November 2019. The second was its Legal Statement on the Issuance and Transfer…

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Public statement by social network user about sexual orientation means data is public but that does not mean it can be used for personalised advertising

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The Advocate General has delivered his opinion in Case C-446/21 | Schrems. In 2018, Meta Platforms Ireland started using new Facebook terms of service in the EU. Consent to those terms is required to sign up for, or access, Facebook’s accounts and services. Mr Maximilian Schrems (S) a Facebook user and well-known activist in the…

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This Week’s Techlaw News Round-up

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UK law ICO issues reprimand to housing association for exposing personal information on online portal The ICO has issued a reprimand to Clyde Valley Housing Association in Lanarkshire after personal information was accessible to other residents on an online customer portal. Residents could access documents related to anti-social behaviour cases and view personal information about…

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