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ICO publishes guidance to ensure lawful monitoring in the workplace

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?

Clearview AI cleared of £7.5m ICO fine for processing data outside the UK

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?

ICO publishes its draft “Data Protection Fining Guidance” for public consultation

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?

EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR

Published on 11 Dec 2023. By Oliver Bray, Senior Partner

Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?

ICO updates its guidance on AI and data protection

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?

Hong Kong data protection: cross-border transfers of personal data

Published on 20 Jun 2022. By Jonathan Crompton, Partner and Andrea Randall, Partner

We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.

Snapshots Summer 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.

CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?

EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the AI and Digital Hub and how can AI innovators use it?

EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner and Helen Monachan, Associate

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

Snapshots Spring 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Snapshots Winter 2023

Published on 12 Dec 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Fines for PDPA Breaches: How Clear is the Crystal Ball?

Published on 16 Nov 2023. By Nick Lauw, Partner and Pu Fang Ching, Senior Associate

The Singapore Personal Data Protection Commission ("PDPC") has recently issued a number of new enforcement decisions.

Snapshots Autumn 2023

Published on 25 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Property Digital Rights – A New Revenue Stream in a Digital World

Published on 13 Jul 2023. By Elizabeth Alibhai, Partner

Advances in technology are opening up exciting new frontiers for property owners and managers. Almost two billion people globally use augmented reality (AR) on their mobile phones and nearly 400 million engage in a virtual metaverse reality.

Snapshots Summer 2023

Published on 07 Jul 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Legislation Empowering the CMA's Digital Markets Unit Introduced into Parliament

Published on 05 May 2023. By David Cran, Partner, Head of IP & Tech and Chris Ross, Partner and Melanie Musgrave, Of Counsel

The long-anticipated Digital Markets, Competition and Consumers Bill (the Bill) has now begun its parliamentary journey following its introduction on 25 April 2023. Described as a "flagship bill" by the CEO of the Competition and Markets Authority (the CMA), the Bill not only introduces major landscape reforms to the UK's consumer protection regime and significant enhancements to the CMA's competition law powers, it also ushers in a new regime for digital markets. The Bill has the potential to be a "watershed moment" in how UK digital markets are regulated.

Snapshots Spring 2023

Published on 31 Mar 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

Ransoms and Sanctions and Fines (oh my!)

Published on 04 Sep 2023. By Richard Breavington, Partner and Helen Monachan, Associate

Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.

Ransoms and Sanctions and Fines (oh my!)

Published on 04 Sep 2023. By Richard Breavington, Partner and Helen Monachan, Associate

Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.

Accessory liability: when will directors be held liable for IP infringements committed by their companies – and what is counted as "profits"?

Published on 20 Jun 2024. By Emma Dunnill, Senior Associate and Rory Graham, Associate

The Supreme Court in Lifestyle Equities CV & Anor v Ahmed & Anor [2024] UKSC 17, has allowed an appeal by two company directors who were found liable as accessories to trade mark infringement by the company in which they were directors. The decision provides helpful clarification on the required elements for accessory liability in the context of IP right infringement claims and confirms the sums to be included in an account of profits if liability is established (spoiler alert: a director's salary is not considered to be "profit").

Online platforms should Swatch out: Samsung found liable for infringing third-party content available on the Samsung Galaxy App store

Published on 22 Jan 2024. By Sarah Mountain, Partner and Emma Dunnill, Senior Associate and Zoe Harvey, Associate

The Court of Appeal in Montres Breguet SA v Samsung Electronics [2023] EWCA Civ 1478 has dismissed Samsung's appeal and upheld a first instance decision which found it liable for trade mark infringement in relation to third-party watch faces available on the Samsung Galaxy App store. This judgment provides guidance on what constitutes "use" of a sign by an online app store and the applicability of the e-Commerce Directive hosting defence.

The Sky's the limit for trade mark applications. Or is it?

Published on 12 Jul 2023. By Sarah Mountain, Partner and Ellie Chakarto, Senior Associate and Noonie Holmes, Associate

Coming to a bank near you? How "investment AI" could transform financial mis-selling claims

Published on 09 Nov 2023. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer

Living under a rock is probably the only way anyone might have escaped the media attention given to ChatGPT and generative AI in recent months. Beyond the (considerable) hype, this technology could have a profound impact on financial mis-selling claims where financial institutions and fund managers turn to the new technology to help them select investments and products.

Employer lessons from teacher's menopause bias win

Published on 17 Jul 2024. By Kelly Thomson, Partner, ESG strategy lead and Ellie Gelder, Senior Editor Employment & Equality

On May 31, a Scottish employment tribunal made its decision in Allison Shearer v. South Lanarkshire Council and awarded a teacher over £60,000 ($77,829) for disability discrimination and unfair dismissal, following her dismissal for ill health after a period of long¬term sickness absence.

Menopause discrimination: Where are we now?

Published on 16 Nov 2023. By Ellie Gelder, Senior Editor Employment & Equality and Kelly Thomson, Partner, ESG strategy lead

October heralded an important legal first when a Leicester employment tribunal began hearing the case of Rooney v Leicester City Council. It is the first case where a person's menopausal symptoms have been deemed by an appeal court to potentially amount to a disability for the purposes of the Equality Act 2010.

Adjusting your recruitment process for a candidate with a disability: What is reasonable?

Published on 18 Sep 2023. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has held that a failure to make enquiries into a job applicant's disability amounted to a failure to make reasonable adjustments.

Recent judgment on ad hoc admission of overseas counsel tells of wider COVID-19 story

Published on 10 Dec 2021. By Samuel Hung, Partner and Jennifer Leung, Associate and James Lee, Associate

Applications for ad hoc admission, pursuant to section 27(4) of the Ordinance, are fact dependent and the relevant legal principles are well-established.

The Times recognises RPC among Best Law Firms 2024

Published on 30 Oct 2023.

International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.

UK tech cases warn of liability clause drafting pitfalls

Published on 21 Sep 2023. By Helen Armstrong, Partner

Excluding and limiting liability is a vital part of any commercial contract. The irony, though, is that despite its importance, almost any exclusion or limitation of liability — if pored over to the nth degree — will have some ambiguity in the face of complex and often unforeseen consequences of breach.

Thirty minutes in Decentraland: A metaverse adventure

Published on 14 Jun 2023. By Christopher Whitehouse, Senior Associate and Becky Baker , Associate

Decentraland is one of the best known 'metaverses' that currently exist. It is a giant virtual world where users can create 'avatars' (a digital representation of yourself) and interact with one another. Users can also buy and develop virtual land, the mechanics of which involve purchasing an NFT (non-fungible token) connected with the relevant land plot. Users can then develop their land and build unique 3D environments.

CAT Collective Proceedings - Summer 2024 update

Published on 24 Jul 2024. By Chris Ross, Partner and David Cran, Partner, Head of IP & Tech and Zoe Mernick-Levene, Partner

Developments in the UK’s competition collective proceedings regime continue apace with new claims recently issued in the Competition Appeal Tribunal (CAT).

The CAT's new approach: I can't afford a carriage (dispute)

Published on 02 Jun 2023. By Chris Ross, Partner

Since the collective proceedings regime in the UK's Competition Appeal Tribunal (CAT) kicked off, a number of carriage disputes have arisen. So-called 'carriage disputes' arise when there are two or more competing proposed class representatives (PCRs) seeking certification (and therefore 'carriage') of overlapping class actions.

Construction and Engineering Law 2024

Published on 15 Aug 2024. By Tom Green, Partner and Arash Rajai, Partner and Alan Stone, Partner and Jonathan Carrington, Senior Associate

We are delighted to have contributed once again to ICLG's Construction and Engineering Law guide for 2024. The comprehensive guide delves into the multifaceted world of construction and engineering law, providing an essential reference for understanding and comparing the handling of common legal challenges across various jurisdictions.

AI in Construction

Published on 16 Jul 2024. By Georgina Haynes, Senior Associate

There is a lot of discussion around Artificial Intelligence ("AI") and its application to industry. We have considered what AI is, the benefits and risks, how it fits into the construction industry, the effect on insurers and what the future holds.

Retail Compass Spring 2024

Published on 15 Apr 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

12 top tips for using AI in retail and consumer businesses

Published on 18 Dec 2023. By Praveeta Thayalan, Knowledge Lawyer and Brendan Collar, Senior Associate

Last year, we set out our top ten tips for retailers entering the metaverse. This year, AI is the hot topic in retail and pretty much everywhere else! AI is redefining the retail and consumer industry. It can improve consume engagement, aid decision-making, curate tailored promotions, improve efficiencies, and reduce costs. So what do retailers and consumer bran need to be mindful of when deploying AI?

Retail Compass Autumn 2023

Published on 17 Oct 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

EU AI ACT-ion stations

Published on 29 Sep 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner

The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

Sports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world

Published on 28 Apr 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.

Retail Compass Spring 2023

Published on 27 Apr 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

RPC reacts to UK Government White Paper on AI

Published on 30 Mar 2023. By Jon Bartley, Partner and Ciara Cullen, Partner and Richard Breavington, Partner and Kelly Thomson, Partner, ESG strategy lead and Helen Armstrong, Partner and Patrick Brodie, Partner and Mamata Dutta, Partner

RPC reacts to UK Government White Paper on AI