CMA materials can be found here: Full report Summary Press release The UK Competition and Markets Authority has published an initial report on its investigation into AI Foundation Models (FMs), which addresses competitive concerns in the FM development phase and their downstream deployment. Upstream competitive concerns: The advent of AI technology promises to revolutionise every…
The ICO has released an extensive guide clarifying employers’ responsibilities regarding the processing of their employees’ health data. This guidance comes as a result of the ICO’s analysis of feedback received during a consultation on an earlier version of the document. Health data, considered a special category of personal data, enjoys heightened protection under the…
The US Federal Trade Commission’s (FTC) suit against Kochava Inc, a prominent data aggregator and analytics company, faced a recent setback when the Idaho District Court granted Kochava’s motion to dismiss the FTC’s claim.[1] The FTC alleged that Kochava’s sale of geolocation data taken from mobile devices could enable third parties to uncover sensitive, personal…
Managing Partner Ronnie Preiskel, Senior Partner Danny Preiskel and Associate Maria Constantin produced a Practical Guide on Net Neutrality in the UK that can be read here (paywall). This was produced in partnership with LexisNexis.
A summary judgment against EE in its claim versus Virgin Mobile has significant implications for any companies bound by exclusivity provisions in English law governed contracts, which also contain exclusions of liability. In terms of the telecoms mobile sector, this could have major implications for MVNOs bound by exclusivity under any English governed MVNO agreement…
On 24 August 2023, in conjunction with data protection authorities in eleven other countries, the UK’s Information Commissioner’s Office (“ICO”) published a joint statement regarding data scraping and the protection of privacy. Data scraping refers to an automated means of extracting data from the web. While not in itself illegal, data protection authorities have reported…
The Information Commissioner’s Office (‘ICO’) and the Competition and Markets Authority (‘CMA’) have made clear in a recent report, Harmful design in digital markets, that online choice architecture (‘OCA’) must be designed in such a way that online users are not tricked or ‘nudged’ into giving away more personal data than they would have done…
As previously reported, on 10th July 2023, the European Commission adopted the Adequacy Decision, which ensures an adequate level of protection for personal data transferred from the EU to organisations in the US. The Decision is based on the EU-US Data Privacy Framework (DPF) and eliminates the need for Article 46 GDPR transfer tools. The…
The European Commission has issued an adequacy decision for the EU-US Data Privacy Framework, allowing for the unrestricted flow of personal data from the EU to US companies participating in the framework. This decision comes after the adoption of new safeguards by the US government, aimed at addressing concerns raised by the Court of Justice…
The UK Government’s consultation on questions contained in its AI white paper for the implementation of a pro-innovation approach for AI regulation has now closed and further guidance on how to achieve the five principles (listed below) is expected. With these principles in place, the aim is for consumers to have more confidence to use…
