EDPB resolves dispute on transfers by Meta and creates task force on ChatGPT

The European Data Protection has adopted a dispute resolution decision under Article 65 of the GDPR concerning a draft decision of the Irish DPC on the legality of data transfers to the US by Meta Platforms Limited for its Facebook service. The EDOB says that the binding decision addresses important legal questions arising from the…

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Art(ificial intelligence) imitates life: IP infringement risks presented by Generative AI

In recent weeks, generative AI platforms, such as Chat GPT-4, DALL.E 2, and Stable Diffusion, have made headlines for a number of reasons. Many have questioned the impact this technology will have on business, education, and the creative sectors, and the potential benefits it may bring. Others have considered the potential risks of the technology…

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Delays have consequences: CAT quashes CMA investigation into cloud gaming and mobile apps

The proposed Digital Markets, Competition and Consumer Bill recently is rumoured to be published very soon, following much delay. However, the delay appears to have had consequences for the CMA and its investigation of mobile browsers and cloud gaming services. The CMA had been carrying out a market investigation in respect of the supply of…

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Ofcom proposes to refer UK cloud market to CMA for investigation

Market studies are examinations into the causes of why particular markets may not be working well in the interests of consumers. In October, Ofcom launched a study using its powers as a competition authority under the Enterprise Act 2002 into cloud infrastructure services in the UK, to assess how well this market is working. It…

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ICO fines TikTok £12.7 million for breaches of the UK GDPR

The ICO has issued a £12,700,000 fine to TikTok Information Technologies UK Limited and TikTok Inc for a number of breaches of data protection law, including failing to use children’s personal data lawfully. The ICO estimates that TikTok allowed up to 1.4 million UK children under 13 to use its platform in 2020, despite its…

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Live streaming of video classes falls within the scope of the GDPR

The Court of Justice of the EU has ruled in the case of Case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium v Minister des Hessischen Kultusministeriums. The referral concerned whether teachers employed by a Land Hessen ministry had to consent to the streaming of their lessons by videoconference call, or, if they did…

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CAP issues enforcement notice regarding free trials and subscriptions

The Committee on Advertising Practice says that research from Citizens Advice has found that three in four people in the UK (73%) have at least one subscription, while one in four (26%) have signed up to a subscription service by accident, in most instances, because they didn’t get round the cancelling a free trial. Subscription…

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Cloud Portability and Interoperability under the EU Data Act: Dynamism versus Equivalence

For the EU legislator, the proposal for a Data Act represents an important step towards the enactment of long-term rules aimed at establishing good governance of the data economy and appropriate incentives to innovate. While the proposed regulation contains many valuable provisions that are worthy of implementation, we find that insufficient thought appears to have…

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