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Recent Articles

  •  
    06.12.2023
    United Kingdom

    UK ICO enforcement threat for gambling companies failing to comply with data protection law

    On 21 November 2023, the UK Information Commissioner’s Office (“ICO”), the UK’s data protection regulator, issued a statement warning that websites face enforcement action if they do not make changes to comply with data protection laws regarding advertising cookies.The ICO WarningThe ICO is concerned that “some websites do not give users fair choices over whether or not to be tracked for personalised advertising.” The ICO’s Executive Director of Regulatory Risk, Stephen Almond, has warned that “gambling addicts may be targeted with betting offers...
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  •  
    05.12.2023
    United Kingdom

    Connected products security rules to require compliance on sale regardless of when placed on the market as at April 2024

    New UK security rules for internet- and network-connectable consumer products will apply from April 2024. The rules include a requirement for products to be accompanied by a compliance statement, to have unique passwords, and to provide consumers with points of contact for vulnerable persons, along with satisfying other transparency and information-sharing requirements. Although the requirements themselves may not be too burdensome to comply with, it is important to be aware that the rules introduce a compliance deadline of 29 April 2024, after which non-compliant products cannot be placed on the...
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  •  
    01.12.2023
    Germany

    Disharmony between Data Act and GDPR

    The draft EU Data Act applies in addition to the GDPR. It is not sufficiently aligned with the existing regulation.On 9 November 2023, the European Parliament adopted the EU Data Act by a large majority, after having previously agreed it with the Council in an informal trilogue (text of the EU Data Act). The goal of the EU Data Act is to create a starting framework for data sharing in the European internal market. It therefore naturally clashes with the traditional understanding of data protection, which aims to improve data economy and avoid the dissemination of data. Does the EU Data...
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  •  
    23.11.2023
    United Kingdom

    Patentability of AI inventions: High Court offers a helping hand (Emotional Perception v Comptroller)

    Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has recently provided an answer (overturning the UKIPO’s original decision): such systems are patentable. In a decision which will delight AI innovators, Justice Mann held that the invention in question did not even constitute a computer program, let alone a computer program ‘as such’. Even if the invention was a computer program, Justice Mann considered that it had a technical...
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  •  
    23.11.2023
    United Kingdom

    Autumn Statement 2023 – Key tax announcements

    The Chancellor opened his speech with a statement that, “Our plan for the British economy is working, but the work is not done”.  Consistent, perhaps, with the tone of that message, yesterday’s announcements offered few real surprises, with the headline measures – on NI changes and full expensing – already widely anticipated.A summary of the key announcements follows.Tax measures for individuals (employees & self-employed)National Insurance Contributions (NICs) ratesIn relation to NICs, the Chancellor has announced the following.The main rate of Class 1 National...
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  •  
    21.11.2023
    Germany

    Lawfulness of AI-assisted advertising under the German Unfair Competition Act

    Anyone using AI for advertising purposes should carefully check whether the intended use of the AI is lawful under unfair competition law.Using artificial intelligence (AI) in marketing and sales is seen as a factor that drives companies' success. With the help of AI, companies can automate their marketing and make it more efficient. AI-assisted data analysis makes it possible to better understand and predict customers' behaviour. Systems that use AI can show customers personalised promotions and prices in a fully automated process. AI chatbots can contact potential customers directly.The many...
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