This Week’s Techlaw News Round-Up

April 11, 2025

UK law

Electronic Communications (Networks and Services) (Designated Vendor Directions) (Penalties) Order 2025

The Electronic Communications (Networks and Services) (Designated Vendor Directions) (Penalties) Order 2025 SI 2025/443 has been made.  It makes consequential amendments to the Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003, SI 2003/2712 which in summary covers how certain penalties are calculated in relation to turnover under the Communications Act 2003. It came into force on 3 April 2025.

CAP and BCAP update advertising codes to align with Digital Markets Act 2024

CAP and BCAP have published amendments to their advertising codes, which took effect on 8 April 2025.  The amendments align the Codes with the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 which came into force on 6 April. The changes include new rules on drip pricing and fake reviews.  Both the CMA and the ASA will delay enforcement on fake reviews for three months. The ASA has also said that it will align its enforcement on drip pricing with the CMA’s approach.

DSIT and NCSC launch new Cyber Governance Code of Practice for board

The Department for Science, Innovation and Technology (DSIT) and National Cyber Security Centre (NCSC) has published a new Cyber Governance Code of Practice on 8 April 2025, following industry consultation in 2024. The Code outlines actions for boards and directors to manage cyber security risks across five areas: risk management, strategy, people, incident planning, and assurance. It forms part of a wider governance package that includes training and implementation toolkit, primarily targeting medium and large organisations. The Code was developed in response to data showing 74% of large businesses experienced cyber attacks in the past year.

EU law

European Commission’s Expert Group on B2B data sharing and cloud computing contracts publishes final report

The European Commission’s Expert Group on B2B data sharing and cloud computing contracts has published its final report.  It contains non-binding model contractual terms on data access and use, as well as standard contractual clauses for cloud computing contracts under Article 41 of the EU Data Act.

Joint letter published on the EU’s need for AI liability rules

Several civil society organisations and BEUC have written to Executive Vice President Virkkunen and Commissioner McGrath to share their concerns that the AI liability directive proposal (AILD) is being withdrawn and to urge them to begin preparatory work on new AI liability rules. They seek at the very least a non-fault based liability approach that will make it easier for consumers who are harmed by an AI system to seek compensation.

European Commission launches AI Continent Action Plan

The European Commission has launched its AI Continent Action Plam.  It revolves around five pillars: building a large-scale AI data and computing infrastructure; increasing access to large and high-quality data, developing algorithms and fostering AI adoption in strategic EU sectors, strengthening AI skills and talents and simplifying regulation. The Commission will also launch the AI Act Service Desk, to help businesses comply with the AI Act. It will serve as the central point of contact and hub for information and guidance on the AI Act. In May it will consult on its Data Union Strategy.

European Commission consults on cloud and AI policies in the EU

The European Commission is consulting on the preparatory work for the Cloud and AI Development Act and the single EU-wide cloud policy for public administrations and public procurement. The Commission seeks views on the EU’s capacity in cloud and edge computing infrastructure, especially in light of increasing data volumes and demand for computing resources, both fuelled by the rise of compute-intensive AI services. As well as this, the Commission seeks views on the use of cloud services in the public sector.  It ends on 4 June 2025.

European Commission launches public consultation and call for evidence on the Apply AI Strategy

The Commission’s AI Office has called for evidence and is consulting on its Apply AI Strategy, planned to be published later this year. The Apply AI Strategy is part of President von der Leyen’s Political Guidelines to make Europe a global leader in AI innovation. The Strategy will serve as a blueprint for the full adoption of AI in EU strategic sectors. In particular, the Apply AI Strategy aims to foster the integration of AI technologies into strategic sectors. These sectors include advanced manufacturing; aerospace; security and defence; agri-food; energy; environment and climate; mobility and automotive; pharmaceutical; biotechnology; robotics; electronic communications; advanced material design; and cultural and creative industries. The consultation aims to identify priorities, current challenges to the uptake of AI in specific sectors as well as potential solutions and policy approaches. The consultation also includes specific questions on the challenges in the AI Act implementation process and how the Commission and member states can support stakeholders better in implementing the legislation. The consultation ends on 4 June 2025.

Commission updates guidelines on responsible use of generative AI in research

The European Commission’s Directorate-General for Research and Innovation has published the second version of its guidelines on responsible use of generative AI in research. One of the goals of the guidelines is that the scientific community uses generative AI responsibly. They take into account key principles on research integrity as well as existing frameworks for the use of AI in general and in research specifically.  The principles include honesty, reliability, respect and accountability. It is also consulting on its AI in Science Strategy. The consultation ends on 5 June 2025.