The ICO has issued its fourth call for evidence on generative AI. It focuses on individual rights, in particular in relation to the training and fine-tuning of generative AI. In the context of generative AI, this means data protection rights apply to any personal data included in: Therefore, across the AI lifecycle organisations must have…
CMA investigates education software firm over potential abuse of dominance
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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This Week’s Techlaw News Round-up
UK law Automated Vehicles Bill ready for Royal Assent The Automated Vehicles Bill returned to the House of Lords to consider the House of Commons amendments. The House of Commons had proposed 11 amendments to Clauses 40, 43, 89, 93 and 100, as well as amendments to Schedule 1. The Bill has now been passed…
Ofcom publishes draft children’s code under Online Safety Act 2023
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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Assessing Design Quality in IT Contracts
IT contracts and disputes have long concentrated on functional specifications, tests and defects to assure that projects deliver what is intended. This is only part of what is required. William Hooper examines the role of design in contract and dispute….
Upper Tribunal issues ruling in ICO Experian case
The Upper Tribunal has dismissed the ICO’s appeal in ICO v Experian [2024] UKUT 105 (AAC). Experian is a well-known credit reference agency. It holds and processes data relating to over 51 million people living in the UK (effectively the entire adult population). It also processes the data of UK residents to provide marketing services…
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This Week’s Techlaw News Round-up
UK law Investigatory Powers (Amendment) Act 2024 receives Royal Assent The Investigatory Powers (Amendment) Act 2024 has received Royal Assent. It updates the Investigatory Powers Act 2016 with the aim of ensuring that the UK’s investigatory powers framework remains fit for purpose in the face of evolving threats. It follows the Home Secretary’s statutory report…
Commission opens formal proceedings against Facebook and Instagram under the Digital Services Act
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…
Digital Disputes
An increasing number of IT disputes occur within the context of digital transformation. What are the implications of this for those who seek redress? In a previous article, I addressed a definition of digital transformation and identified some of the factors that may give rise to disputes.[1] An awareness of that may usefully inform those…
Advocate General gives opinion on scope of Software Directive’s computer program protection
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…