UK law
Patents Court rules in FRAND case
In Samsung Electronics Co., Ltd and another v ZTE Corp and others [2026] EWHC 999 (Pat), the Patents Court set the terms of a global FRAND portfolio cross-licence for ETSI-declared SEPs, renewing the parties’ 2021 licence (the 2021 PLA). The Court set a FRAND lump-sum balancing payment under the Court-Determined Licence (CDL) at US$392m. It rejected the claimants’ Ericsson/Nokia/InterDigital licences as comparables (materially different portfolios and non-FRAND distortions, including litigation risk) and instead used ZTE’s 2020 Apple licence as the main comparator, adjusted for non-FRAND factors (including a 12.5% first-licence discount, a 5% 5G undervaluation adjustment, and an 80% past-sales discount reflecting sanctions-related bargaining weakness). On construction, the Court held that the 2021 PLA covered 5G patents declared essential to earlier standards and treated covenant-not-to-sue period sales as effectively licensed. It preferred a dollar-per-unit approach (over ad valorem) and rejected ZTE’s top-down cross-check as overly sensitive to assumptions.
ICO issues guidance to support public authorities on dealing with AI-generated FOI requests
The ICO has published new guidance aimed at helping public authorities confidently handle Freedom of Information requests that involve the use of AI. The guidance responds directly to what FOI practitioners have told the ICO about the growing impact of AI on their work. Public authorities are seeing an increase in the volume and complexity of requests generated using AI tools, including requests that misquote legislation or require significant clarification before they can be processed. Without clear, practical support, the ICO says that this trend risks placing pressure on FOI teams and could lead to delays, errors or increased complaints. The new guidance is designed to address these day-to-day challenges and help organisations meet their statutory obligations while continuing to operate effectively. The guidance covers practical issues FOI practitioners are encountering, including: requests generated using AI that misinterpret or misquote FOI legislation; managing higher volumes of requests that require clarification or refinement; and maintaining fair and consistent handling of requests, regardless of how they are created. The guidance also includes examples of practical wording public authorities can use to encourage responsible use of AI by requesters and support clearer, more effective FOI requests.
FCA launches investigations under Competition Act 1998
Following the publication of financial reporting by PayPal Holdings Inc, the FCA has confirmed that it is investigating Mastercard, PayPal and Visa under Chapter I of the Competition Act 1998, and Mastercard and Visa under Chapter II of the Competition Act 1998, for suspected anti-competitive conduct linked to the funding and usage of PayPal’s digital wallet. The FCA has reached no conclusions and made no findings as to whether competition law has been broken. The FCA is currently gathering evidence. The FCA may proceed to issue a statement of objections setting out its provisional view that there has been an infringement of the law. Not all cases result in the FCA issuing a statement of objections. If the FCA ultimately proceeds to issue a statement of objections, it will provide the addressee(s) of that statement of objections with an opportunity to make written and oral representations before it makes a final decision on whether the law has been broken.
EU law
European Parliament calls for stronger enforcement of Digital Markets Act
The European Parliament has adopted a resolution calling on the Commission to enforce the Digital Markets Act (DMA) swiftly and consistently, and to resist external political pressure. It urges full use of the DMA toolkit (including investigations, non-compliance proceedings and fines), and criticises the relatively modest fines imposed on Meta and Apple. The resolution highlights continuing concerns about discriminatory gatekeeper practices affecting competition and user choice (including self-preferencing, manipulative consent flows, restrictive default settings/access to competing services, and parity clauses), and asks the Commission to monitor emerging areas such as connected TVs and cloud/AI-driven services. Separately, it also calls for an EU-wide definition of cyberbullying and stronger platform responsibilities to protect victims.
EDPS issues annual report
The European Data Protection Supervisor has issued its Annual Report 2025, which looks back over a year in which its work was characterised by the operationalisation of its expanding mandate, guided by its strategic principles which are Foresight, Action and Solidarity. The EDPS says this year’s highlights include expansion of the AI Unit and its activities; a record 145 legislative consultations; increased scrutiny of international data transfers and large-scale IT systems in EU institutions, bodies, offices and agencies; and analysis and foresight related to emerging technologies.
Coimisiún na Meán consults on draft European Rules for on-demand audiovisual services
Coimisiún na Meán is consulting on its draft European Rules for on-demand audiovisual services. The purpose of European Works Rules for video-on-demand is to support and promote cultural diversity and the European audiovisual sector. The draft rules are intended to provide information and clarity to providers of on-demand audiovisual media services across two areas: the obligation to provide a minimum of 30% of European Works in each catalogue, and the prominence of these European works. The rules will apply to all on-demand audiovisual media service providers under the jurisdiction of the State. They will establish a title-based methodology for calculating the 30% share of European Works in each national catalogue as well as specifying a framework by which prominence of European Works can be measured. Clear criteria for exemptions to these rules will be set out based on low turnover, low audience, and narrow subject matter. The draft rules also provide for reporting, monitoring and verification arrangements that are consistent with the Commission’s statutory functions. The consultation ends on 10 June 2026.
Irish DPC opens inquiry into SHEIN Ireland
The Data Protection Commission (DPC) has opened an inquiry into Infinite Styles Services Co. Ltd. (SHEIN Ireland) under section 110 of the Irish Data Protection Act 2018. The inquiry concerns SHEIN Ireland’s transfers of personal data of EU/EEA data subjects to China. The DPC will examine and assess the extent to which SHEIN Ireland has complied with its relevant obligations under the GDPR in relation to these transfers, including the principles contained in Article 5 GDPR (relating to processing of personal data), the transparency obligations contained in Article 13 GDPR, and the requirements of Chapter V for transfers of personal data to third countries. Recent regulatory action by the DPC, together with complaints to other European supervisory authorities, has brought data transfers to China, in particular, into focus. The inquiry is an important strategic priority for the DPC and it intends to cooperate closely with other European regulators as part of the investigation.
