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In this issue: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies Automated Vehicles Act 2024 (Commencement No 1) Regulations 2025 SI 2025/1339: These Regulations bring specified parts and provisions of the Automated Vehicles Act 2024 (AVA 2024) into force on 1 January 2026. See: LNB News 18/12/2025 18. Ofcom sets out how AI chatbots are overseen under the UK Online Safety Act: Ofcom has released a guide on the application of the Online Safety Act 2023 (OSA 2023) to AI chatbots, detailing when chatbot service providers must evaluate and mitigate risks to users, with particular focus on children. It also clarifies which categories of online service fall within scope, explains where chatbots sit under the Act, describes how AI-generated material is...
In this issue: New technologies Information technology Internet Media Advertising, marketing and sponsorship Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Useful information New technologies How new EU Product Liability Directive will affect tech and AI Law360, London: The EU has moved decisively to update its liability regime by adopting Directive (EU) 2024/2853 (the EU Product Liability Directive) in October 2024, with effect from 9 December 2026. See: How new EU Product Liability Directive will affect tech and AI. Information technology DSIT unveils Cyber Security and Resilience Bill policy statement and scope The Department for Science, Innovation and Technology (DSIT) has outlined the forthcoming Cyber Security and Resilience Bill, scheduled for introduction to Parliament in 2025. The measure will require 1,000 service providers—including data centres, Managed Service Providers and critical suppliers—to satisfy strengthened cybersecurity...
What are the definitions of ‘service provider’ and ‘information society services’ under the E-Commerce Directive and the Electronic Commerce (EC Directive) Regulations 2002? The E-Commerce Directive (Council Directive 2000/31/EC) and the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) state that a ‘service provider’ is any natural or legal person who supplies an information society service. Recital 17 of the E-Commerce Directive describes ‘information society services’ as any service typically supplied for remuneration, delivered at a distance, using electronic equipment for the processing (including digital compression) and storage of data, and provided at the individual request of the recipient. The notion of ‘information society services’, together with related terms such as ‘at a distance’ and ‘at the individual request of a recipient of services’, is further clarified in Article 1(1) of Directive 2015/1535/EU. The condition that a service is ‘normally provided for remuneration’ has been interpreted by the courts. Remuneration does not mean the recipient or user must pay for the service. In Google France SARL and...
ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...
This Practice Note offers an introduction to cybersquatting. It involves registering a domain name that incorporates another business’s trade mark with the purpose (or consequence) of taking unfair advantage of that mark. It also encompasses typosquatting, being the registration of a domain name featuring a misspelt version of another party’s trade mark. There are several avenues to pursue action against cybersquatters, including Nominet’s Dispute Resolution Service (DRS) and the Uniform Domain Name Dispute Resolution Policy (UDRP)... What is cybersquatting? Also referred to as domain name squatting, it is the bad-faith registration of a domain name that matches or is confusingly similar to a trade mark or name, with the intention of profiting from the goodwill attached to that mark or name. The practice exploits the trade marks of businesses, individuals, or other entities, aiming to secure commercial benefit for the ‘squatter’ and/or to interfere with legitimate activities... Evolution and key characteristics of cybersquatting The phenomenon took hold in the 1990s during the early phase of internet...
Consideration of electronic data interchange (EDI) frameworks, blockchain, smart contracts, or sector‑specific legislation or regulation, including regimes for financial services, intermediation services, or online auctions, falls outside the scope of this Practice Note. For a primer on EDI and smart contracts, see Practice Notes: Business to business e‑commerce—introduction and Smart legal contracts. For blockchain guidance, refer to Blockchain—overview and Practice Note: Blockchain—key legal and regulatory issues. The type and functionality of the website A website’s compliance obligations and the rules that apply will vary according to the kind of site in question and its intended functionality or aim and audience. As an initial step, the site operator should determine, early on, the nature of the proposed site and the planned extent of its functionality. For example, consider the following questions: will the site be an ‘information only’ destination? will it operate as a platform where third parties upload material or content or execute transactions? will it deliver a service? will it...
[ Postal address for internet service provider/host online platform ] [ Date ] Sent via registered post and email: [ email address for internet service provider/host online platform ] Dear [ insert organisation name ] Notice and take-down letter—trade mark infringement on [ website URL ] We act for [ name of client ] of [ client’s address ] (our Client) in connection with the enforcement of intellectual property rights. [ This correspondence relates to the website accessible at [ website URL ] (the Website). OR This correspondence concerns content available on your platform at [ website URL ] (the Website). ] The Website is directed at consumers in the UK...
[ Insert in para 6.1 of response form ET3: ] It is [ accepted OR not accepted OR denied ] that the Claimant was engaged by the Respondent as a [ insert job title, eg ‘Senior Accountant' ] from [ insert start date of employment ] up to [ his OR her OR their ] dismissal on [ insert end date of employment ]. It is further [ accepted OR denied ] that the Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Respondent rejects any assertion that the Claimant was unfairly [ and/or wrongfully ] dismissed [ and/or that there was a failure to comply with the statutory right to be accompanied by a trade union representative or colleague at a disciplinary hearing ], whether as alleged or at all. [ The contract of employment ] [ It is [ accepted OR not accepted OR denied ] that the...
Insert in para 8.2 of claim form ET1: The Claimant worked for the Respondent as a [ insert job title, eg 'service engineer' ] from [ insert start date of employment ] until [ his OR her OR their ] dismissal on [ insert date ]. The Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Contract of Employment The Claimant’s contract of employment provided a notice period of [ insert details, eg three months ]. Where the contract refers to rules or procedures the Claimant alleges were not followed, it is advisable to outline these. Forms of behaviour that may lead to dismissal are usually set out in disciplinary rules or procedures rather than the contract itself; however, if it is alleged the Respondent failed to comply with particular terms, these should be identified. [ Insert details of any other relevant contractual terms, eg clauses referring to disciplinary rules...