The Court of Justice of the European Union has ruled in Meta Platforms Ireland Ltd v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV (Case C-757/22). It considered if a consumer protection association has standing under Article 80(2) of the GDPR. Meta Platforms Ireland manages Facebook and is the controller of users’ personal data…
UK law Software development that built on existing code qualified as R&D In Get Onbord Ltd (in Liquidation) v HMRC [2024] UKFTT 617 (TC) the First-tier Tribunal held that expenditure incurred by a company when it developed a new AI-based analytical process qualified for R&D tax relief. The project built on existing material, but its…
The EU’s Consumer Protection Cooperation (CPC) Network is taking action following concerns that Meta’s “pay or consent” model might breach EU consumer law. The Commission is coordinating the action. It is due to Meta requesting that consumers either subscribe to use Facebook and Instagram for a fee, or consent to Meta’s use of their personal…
The Information Commissioner’s Office has published its annual report for 2023-24. This article sets out the highlights. The ICO commits to four “enduring strategic objectives”: Investigations The ICO concluded 285 civil investigation cases and 80 incidents in 2023-24. Five prosecutions and five cautions were brought for ‘unlawfully obtaining’ offences under the Data Protection Act. These…
The Committee on Advertising Practice has issued guidance on using AI as a marketing term. It points out that AI has become a prominent topic in the media and has become more widely available to the public (including businesses). Therefore, CAP says that it is important that marketers do not mislead about what AI products…
Read More… from Committee on Advertising Practice issues guidance on using AI as a marketing term
UK law DRCF publishes new report on consumer use and understanding of generative AI The DRCF has published a new report on consumer perceptions of and responses to benefits and risks of generative AI in financial services, and consumer appetite for future use of generative AI including the impact of regulation and warnings on trust…
The King has announced the new Labour Government’s legislative agenda for the forthcoming year. Some legislation has been carried over from the previous legislative period, and there are many new proposals for the current legislative period. The new proposed legislation of interest to techlaw readers includes: Cyber Security and Resilience Bill The Bill aims to…
In InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2024] EWCA Civ 743both parties appealed a decision by Mellor J about what Lenovo should pay for a licence. The licence was on fair, reasonable and non-discriminatory (FRAND) terms of InterDigital’s portfolio of patents which have been declared essential (standard-essential patents or SEPs)…
Read More… from Court of Appeal considers FRAND terms in InterDigital v Lenovo case
The Law Commission of England and Wales has published a scoping paper looking into how Decentralised Autonomous Organisations (DAOs) can be characterised and how the law of England and Wales might accommodate them now and in the future. The paper aims to identify current issues around DAOs to inform any future law reform or innovations….
Read More… from Law Commission publishes scoping paper on Decentralised Autonomous Organisations
The Law Commission has published a consultation paper reviewing the law on contempt of court. The concept of contempt of court cover a wide range of conduct that may impede or interfere with the administration of justice. Examples include taking photographs in a courtroom, making an audio recording of proceedings, assaulting court staff or witnesses,…
Read More… from Law Commission of England and Wales consults on contempt of court