TMT Law

Commission launches call for feedback on draft guidelines for trusted flaggers The European Commission is seeking input and comments on provisional guidance concerning trusted flaggers under the EU Digital Services Act. Trusted flaggers are organisations with expertise in detecting unlawful content online......

The Health Research Authority (HRA) has unveiled its 2026–28 strategy, outlining how it will support AI use across health and social care research, whilst ensuring suitable protections and safeguards are appropriately maintained......

In this issue: New technologies Information technology Internet Media Advertising, marketing and sponsorship Reputation management 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 DSIT announces UK-Australia AI security partnership The Department for Science, Innovation and Technology (DSIT) says the UK AI Security Institute (AISI) and its Australian counterpart have signed a memorandum of understanding to deepen co-operation on AI safety and security risks. The arrangement will see both AISIs exchange insights on frontier AI capabilities, work jointly on research into emerging risks, and shape best practices for testing and evaluating AI systems. It also envisages staff secondments between the institutes to strengthen day-to-day collaboration. See: LNB News 26/05/2026 41. DfT opens applications for operators to join...

Practice Note This Practice Note offers practical guidance on the current border controls between the United Kingdom and the European Union, along with the changes scheduled to commence on 1 January 2022. It covers customs declarations, the payment of customs duty and VAT, and sanitary and phytosanitary checks. Introduction In November 2021, the UK released its updated border operating model, explaining how the UK border functions in relation to the EU. The model was originally brought in on 1 January 2021 following the UK’s departure from the EU customs union. From that date, certain border controls were introduced. These were phased in to allow time to build and prepare the necessary infrastructure to support those controls. In December 2021, the UK further updated the border operating model to temporarily prolong staged customs controls for goods moving from the island of Ireland into Great Britain. This interim step was taken...

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025), with parts commencing that day. Provisions dealing with responses to data subject access requests, and the conferral of power to make further regulations, took immediate effect on 19 June 2025. Other measures-covering notices issued by the Information Commissioner and certain aspects of law enforcement processing-commenced on 19 August 2025, two months after Royal Assent. The majority of DUAA 2025’s remaining provisions will only begin once additional regulations are made in the form of statutory instruments. Part 5 of DUAA 2025 updates elements of UK data protection and ePrivacy legislation, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI...

This Practice Note examines music collecting societies, which may operate as ‘licensing bodies’, and/or ‘Collective Management Organisations’ (CMOs). It outlines: the rationale for music collecting societies; how collecting societies work; and the regulation applicable to music collecting societies. It then supplies details on PRS for Music (PRS) and Phonographic Performance Limited (PPL) (covering their members and the rights they administer), as well as the joint venture PPL PRS Ltd and TheMusicLicence. This Practice Note sets out practical matters to bear in mind when dealing with music collecting societies. The need for music collecting societies and the legal framework The proprietor of copyright in a creation such as a musical work or a sound recording is entitled to authorise or prevent certain restricted acts. In the UK, those acts are listed in Chapter II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The...

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025), with provisions also coming into force in part on that day. Certain DUAA 2025 provisions, addressing matters such as handling data subject access requests and the conferral of powers to make further regulations, commenced straightaway on 19 June 2025. Other provisions, relating to notices issued by the Information Commissioner and specific aspects of law enforcement processing, took effect on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s provisions will only commence once additional regulations are made, in the form of statutory instruments, to bring them into effect. Parts 5 and 6 of DUAA 2025 serve to amend aspects of data protection and ePrivacy law in the UK, including the United...

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Model instructions for cancellation 1 Right to cancel 1.1 You are entitled to cancel this contract within 14 days without needing to give any explanation. 1.2 The cancellation period ends 14 days after the day [ of the conclusion of the contract OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece OR on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good ]. 1.3 To...

This Q&A proceeds on the basis that: the question relates to a business-to-business transaction the question relates to a contract drafted and negotiated in the conventional manner and is not an e-commerce transaction entered into between the parties via website terms and conditions the question relates to the execution of a simple contract the question relates to the law of England and Wales Contract formation General contract law principles apply to agreements formed virtually......

For this Q&A, our review is confined to how lotteries, competitions and prize draws differ. Our analysis has focused specifically on distinguishing among these three mechanisms. Definitions The meaning of 'prize competition' Under the Gambling Act 2005 (GA 2005), a ‘prize competition’ means any contest or arrangement in which a participant may secure a prize, so long as it does not fall within the statutory concept of gambling. The meaning of 'gambling' English law recognises three principal forms of gambling: betting, gaming and lotteries. While the statutory tests are intricate, they can be outlined in broad terms as follows: Betting involves making or accepting a wager on the result of a race, competition or other event or process, on the likelihood of something occurring or not occurring, or on whether a proposition is true or false (even where one party knows the facts). Although ‘bet’ is not...

Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property......