The Preiskel Blog

Facial Recognition Data Privacy Fine: ICO publishes provisional intention to fine Clearview AI Inc over £17 million for Facial Recognition data handling

On 29 November 2021, following a joint investigation with the Office of the Australian Information Commissioner (‘OAIC’) into Clearview AI Inc’s (‘Clearview’) data processing practices, the Information Commissioner’s Office (‘ICO’) announced its provisional notice of intent to impose a fine of just over £17 million on Clearview. Additionally, the ICO issued a preliminary enforcement notice…

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CMA publishes consultation on modified Google commitments

The UK Competition and Markets Authority (“CMA”) has today published a Notice of intention to accept modified commitments from Google in its Privacy Sandbox investigation (the “Notice”). The Notice follows a consultation on proposed commitments published in June 2021. The modified commitments include substantial amendments to those original proposals, and the Notice provides the CMA’s…

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EU General Court Google Shopping Decision may boost prospects for future damages claims

Google appealed against the European Commission’s findings in its 2017 Google Search (Shopping) Decision in the General Court (GC); however, the GC has dismissed Google’s action and upheld the €2.42bn fine imposed by the Commission in a judgment published on 10 November 2021. The GC found that Google had engaged in anti-competitive activity, having favoured…

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UK Supreme Court throws out class action against Google

On the morning of 10 November 2021, the Supreme Court issued a judgment throwing out a class action accusing Google of breaching its duties as a data controller under the Data Protection Act 1998 from late 2011 to early 2012. On his own behalf, and on behalf of a class of 4 million iPhone users…

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New York lawsuit filed against Facebook for excluding rival photo app

On 4 November 2021, an antitrust lawsuit was filed against Facebook’s parent, Meta, in the Southern District of New York. Facebook has been accused of having excluded rival photo app, Phhhoto, from access to its platform, and for replicating its product with a ‘Boomerang’ function. Facebook allegedly took interest in Phhhoto shortly after it launched…

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CMA opens Market Investigation into Motorola Airwave Network

On 25 October 2021 the UK Competition and Markets Authority (“CMA”) announced the opening of a Market Investigation into Motorola’s Airwave Network. This is a mobile radio network used by emergency services across the UK to communicate. The announcement follows a CMA consultation which was published in July 2021. The CMA listed a number of…

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CMA fines Facebook £50.5m for enforcement order breach

The UK Competition and Markets Authority (“CMA”) has today announced a £50.5 million fine against Facebook. The fine is in relation to breach of an interim enforcement order (“IEO”) imposed on the company at the start of the CMA’s merger investigation into its purchase of Giphy, in June 2020. The IEO required Facebook to give…

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Ofcom issues guidance for video-sharing platforms to protect users

On 6 October 2021, Ofcom issued guidance for providers on measures to protect users from harmful material.  Ofcom has been given new powers to regulate UK-based video-sharing platforms (VSPs), such as TikTok, Snapchat and Twitch. VSP regulation sets out to protect users from specific types of harmful material in videos, such as material likely to…

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Hearing of Google’s appeal against European Commission Android decision commences

On 27 September, the week-long EU General Court hearings began in order to hear Google’s appeal against the European Commission’s 2018 decision which found that Google had abused its dominant position in respect of its Android mobile operating system, and associated fine. Reports from the hearing indicate that lawyers for both the European Commission and…

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Epic v Apple: Apple must allow other forms of in-app purchase

On 10 September 2021, Judge Yvonne Gonzalez Rogers issued an injunction  in the Epic v Apple case. Apps cannot be restricted from directing users to other payment options, in addition to the ones offered by Apple. The injunction will take effect on 9 December 2021. The injunction reads as follows:  “Apple Inc. and its officers,…

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