The CJEU has issued its ruling in Case C-400/22 | Conny. It ruled that the order button, or a similar function, must clearly indicate that, by clicking on it, the consumer assumes an obligation to pay. This applies even if the obligation to pay depends on the satisfaction of a subsequent condition. The case arose…
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UK law Data Protection and Digital Information Bill lost in Parliament wash-up period The Data Protection and Digital Information Bill was lost in the “wash-up” period that preceded the prorogation of Parliament on Friday 24 May 2024 and its dissolution on 30 May 2024. This was due to the UK general election that will be…
The Digital Markets, Competition and Consumers Act 2024 has received Royal Assent. As the name suggests, it covers three main areas: digital markets regulation, competition law reform, and consumer law reform. Digital markets regulation The new Act establishes a new pro-competition regime for digital markets. It gives the CMA the power to designate undertakings as…
The Media Act 2024 received Royal Assent on 24 May. It was fast-tracked through the UK Parliament as part of the “wash-up” period before parliament was dissolved in anticipation of the General Election in July. It had been introduced to Parliament on 8 November 2023. The Act aims to update media regulation for the digital…
The Court of Justice of the European Union has ruled in Joined Cases C-662/22 | Airbnb Ireland and C-667/22 | Amazon Services Europe, Case C-663/22 | Expedia, Joined Cases C-664/22 | Google Ireland and C-666/22 | Eg Vacation Rentals Ireland, and Case C-665/22 | Amazon Services Europe. In Italy, providers of online intermediation services and…
UK law DMCC Bill completes parliamentary process and other “wash-up” news The Digital Markets, Competition and Consumers Bill has completed the parliamentary process ahead of the 2024 General Election and will receive Royal Assent on 24 May. At the time of writing, it looks as if the Media Bill may also complete the process as…
High Court considers whether cap on liability was single, aggregate cap or multiple caps The High Court has issued its judgment in the case of Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC). The case arose in the context of a contract for the digital transformation of the services of…
The European Commission has opened formal proceedings to assess if Meta (Facebook/Instagram) may have breached the Digital Services Act with regards to the protection of minors. The Commission is concerned that Facebook and Instagram’s systems, including their algorithms, may promote behavioural addictions in children, as well as create so-called ‘rabbit-hole effects’. In addition, the Commission…
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UK law Artificial Intelligence (Regulation) Bill The Bill received its third reading in the House of Lords on 10 May 2024. The Bill now goes to the Commons for consideration. Its key focus is to establish a framework for the regulation of AI in the UK, including placing AI regulatory principles on a statutory footing…
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…