UK law
Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025 laid
The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025 have been laid before the UK parliament. The Regulations amend the priority offences in Schedule 7 to the Online Safety Act 2023. Criminal offences listed in Schedule 7 to the Act are made ‘priority offences’ by section 59(7)(c) of the Act. Part 3 of the Act imposes stricter, more proactive duties on providers of certain internet services in relation to priority offences and content which amounts to these offences. The Regulations add encouraging or assisting serious self-harm into the Schedule. They also revoke and replace paragraph 28A of Schedule 7, adding the offence under section 66A of the Sexual Offences Act 2023 (sending etc photograph or film of genitals) and retaining the offence under section 66B of that Act (sharing or threatening to share intimate photograph or film), which was originally added to Schedule 7 by the Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024. The Secretary of State considers it appropriate to add these offences to Schedule 7 because of the prevalence of content on regulated user-to-user services or regulated search services that amounts to the new offences, the risk of harm to individuals in the United Kingdom presented by such content and the severity of that harm.
ICO consults on new ‘charitable purpose soft opt-in’ rules
The ICO is consulting on its approach to how charities can use new rules that allow greater use of electronic marketing when engaging with supporters. In January 2026, changes under the Data (Use and Access) Act will enable charities to use a new ‘charitable purpose soft opt-in’. This change will allow charities to send direct marketing electronic mail messages, such as emails and texts, to people who have expressed interest in or offered to support a charity without needing their prior consent for marketing providing they meet the necessary requirements. The change is designed to give charities more opportunities to stay in touch with supporters, helping them raise vital funds. However, it will not apply to people already on existing databases. Charities must ensure people are offered clear opportunities to opt out when their personal information is first collected and in every communication they send. The ICO’s consultation is seeking the views of charities and those working in the third sector on its approach to support charities in using ‘charitable purpose soft opt-in’. The consultation ends on 27 November.
CMA releases Google from Privacy Sandbox commitments
The CMA has published a notice of intention to release the Commitments previously accepted by the CMA in respect of Google’s Privacy Sandbox Proposals and invited representations from interested third parties. The CMA has carefully considered the responses to the consultation. The CMA remains of the view that it has reasonable grounds for believing that its competition concerns no longer arise and that it is appropriate to release the Commitments. Therefore, on 17 October 2025, the CMA decided to release the Privacy Sandbox Commitments.
EU law
EPO finalises 2026 guidelines on AI patentability
The European Patent Office recently held its Working Group on the draft EPC, PCT-EPO and Unitary Patent Guidelines. The revised guidelines will take effect on 1 April 2026, with a preview available in February and a subsequent public consultation. Among other things, it is working to refine the guidance on AI-related inventions.
AI Board discusses Apply AI Strategy and implementation of the AI Act
The AI Board is due to meet on 24 October to discuss the recently adopted Apply AI Strategy and review current priorities for implementing the AI Act. The Commission will present the Apply AI Strategy and provide updates on AI Factories and AI Gigafactories, setting the stage for a strategic discussion with Member States on how to promote the uptake of trustworthy AI across sectors. AI Board members will exchange on progress and challenges in the national implementation of the AI Act and discuss possible support measures from the Commission to accelerate the national roll-out of the law. The Commission will present the current priorities regarding the implementation of the AI Act, including the preparations for the Digital Omnibus, the promotion of the AI Act Service Desk and the launch of Code of Practice on Transparency of AI-generated Content and guidelines. Members will also be briefed on international AI developments, and the first months of application of the general-purpose AI models rules under the AI Act since August 2025.
European Commission publishes guidelines on implementation of Regulation on Transparency of Political Advertising
The European Commission has published guidelines to support the Regulation on transparency and targeting of political advertising. which became fully applicable on 10 October 2025. The guidelines include practical guidance and explanations to support political actors and political advertising service providers in applying the new rules. The Regulation sets common EU standards of transparency for political advertising online and offline and is designed to help citizens recognise paid-for political advertising and distinguish it from other content such as editorial content or political opinions expressed in a personal capacity. As of 10 October, all political ads must be clearly labelled as such and be accompanied by basic information about who paid for them and how much in addition to whether they are targeted at a particular audience. The regulation does not regulate the content of the ads themselves.
