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…
Read More… from European Commission takes action against Meta under the Digital Services Act
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…
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…
Read More… from CMA investigates education software firm over potential abuse of dominance
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 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)…
Read More… from Ofcom publishes draft children’s code under Online Safety Act 2023
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…
Read More… from Upper Tribunal issues ruling in ICO Experian case