UK law
UK government consults on draft regulations to commence Sections 61 to 64 of the Product Security and Telecommunications Infrastructure Act 2022
The Department for Science, Innovation and Technology is consulting on draft secondary legislation to commence sections 61 to 64 of the Product Security and Telecommunications Infrastructure Act 2022 (the Renewals Provisions). The Renewals Provisions make changes to Part 2 of the Landlord and Tenant Act 1954 in England and Wales and the Business Tenancies (Northern Ireland) Order 1996 in Northern Ireland. The changes are limited to tenancies whose primary purpose is to confer Code Rights on telecommunications operators relating to telecommunications infrastructure. It is a technical consultation. Views are only sought on whether the saving and transitional provisions in the Draft Regulations give effect to the aims outlined in the consultation document. It ends on 2 July 2025.
UK government publishes science and technology framework
The government has published a policy paper setting out ten ways in which it plans to place science and technology at the centre of its industrial strategy. It describes its aims regarding funding innovation, investing in research and development, and sourcing and training people. It also identifies the most critical technologies as being AI, engineering biology, quantum technologies, semiconductors and advanced connectivity. It says that having a strong understanding of how regulations and technical standards influence the behaviours of science and technology companies enables it to promote innovation and support the creation of new markets and technologies across the UK. The burden of navigating new regulations or standards on UK priority sectors can be minimised by developing policy in close collaboration with stakeholders and expert advisors. The government has established the Regulatory Innovation Office (RIO) to help innovative businesses navigate challenges present in the regulatory landscape. The RIO aims to reduce the burden of red tape, enabling innovative businesses to bring new products and services to market quickly and safely in some of the UK’s fastest growing sectors, helping to kickstart economic growth and improve lives. To address the most critical barriers, the RIO will set clear priorities for regulatory innovation, aligning with the government’s Missions and Industrial Strategy. The RIO will initially support the growth of four fast-growing areas of technology: engineering biology, space, AI, and drones and other autonomous technologies; before expanding its focus to other technologies and sectors as the RIO evolves.
ASA issues report on influencer advertising
The Advertising Standards Authority has issued a report on influencer advertising in social media on Instagram and Tiktok. The report indicates that the positive trend for open and honest disclosure is continuing and rising, but influencers, brands, agencies and platforms need to continue to work to ensure all the ads users engage with on social media are clearly disclosed. The sample included influencers previously flagged in the ASA’s 2021 report, influencers brought to the attention of ASA/CAP in the year before its 2024 monitoring, and a random selection of influencer accounts to reflect what the public may typically see on their feeds. This approach allowed the ASA to track persistent issues and spot emerging trends in how influencer ads are being disclosed (or not). Whilst there are signs of improvement of ad disclosure rates on social media by influencer accounts generally, the overall rate of ad disclosure, as determined by this analysis, is still below where the ASA would expect the sector to be. The ASA continues to use targeted enforcement action to apply sanctions to influencer accounts who repeatedly, consistently and recalcitrantly break the ad disclosure rules.
EU law
Irish-DPC fines TikTok €530m for GDPR breaches in China data transfers
The Irish Data Protection Commission (DPC) has imposed a €530m fine on TikTok Technology Limited for breaching the GDPR in relation to user data transfers from the EEA to China. The DPC found that Tiktok breached Article 46(1) and Article 13(1)(f) of the GDPR by failing to ensure adequate data protection levels and transparency requirements. The DPC has ordered TikTok to achieve compliance within six months or face suspension of data transfers to China. The decision follows TikTok’s admission that it had provided incorrect information about data storage on Chinese servers during the inquiry.
European Commission refers member states for failure to implement Digital Services Act correctly
The European Commission has decided to refer the Czech Republic, Spain, Cyprus, Poland and Portugal to the CJEU for failing to designate and/or empower a national Digital Services Coordinator (DSC) and to set out rules on penalties applicable to infringements under the Digital Services Act. Poland failed to designate and empower the DSC to carry out its tasks under the DSA. Although the Czech Republic, Cyprus, Spain and Portugal each designated a DSC, they have failed to entrust them with the necessary powers to carry out their tasks under the DSA. In addition, all the countries have failed to set out rules on penalties applicable to infringements of the DSA. The Commission therefore opened infringement procedures and sent reasoned opinions to the countries concerned. As they have not taken the necessary measures, the Commission has decided to refer the member states to the CJEU.
