Viewpoints - Harbottle and Lewis

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16 March 2023

Navigating the grey areas of AI ethics: ICO’s updated guidance provides clarity on utilising AI

The UK’s data protection regulator, the Information Commissioner, has updated its guidance on Artificial Intelligence and Data Protection in response to requests from the UK industry to provide clearer guidelines on AI and how to adopt new technologies. The updated…

03 March 2023

EDPB releases lukewarm opinion on the EU-US Data Privacy Framework

The European Data Protection Board (EDPB) has released its opinion on the EU-US Data Privacy Framework (DPF). The draft decision on the DPF, which is currently undergoing the legislative process at the EU level, aims to provide an adequate standard…

22 February 2023

European Parliament issues negative opinion on the EU-US data transfer arrangement

The European Parliament LIBE Committee has urged the European Commission not to issue an adequacy decision for the EU-US Data Privacy Framework (the “Framework”) – which would allow the free flow of personal data between the EU and US. An…

17 February 2023

ICO focusses on child protection in latest guidance to the games industry

The ICO has issued a number of recommendations to game developers to protect children and to ensure compliance with the Children’s Code. Key highlights are: developers must be able to identify if their users are under 18 years old and…

14 February 2023

Service of Court documents via NFTs – no longer a novelty

Traditionally, service of Court documents in English proceedings has taken place by non-electronic means such as post or personal delivery, unless the receiving party has confirmed they are willing to accept service by fax or email. However, particularly in cases…

06 February 2023

High Court claim involving claimed Bitcoin creator – a significant Court of Appeal judgment

There has been a significant judgment in the Tulip Trading case, involving claimed Bitcoin creator Dr Craig Wright, on which we previously reported. Tulip, ultimately owned by Dr Craig Wright and his family, alleged that open-source software developers who worked…

06 January 2023

Court of Appeal confirms fraud-based claims released by settlement agreement

The Court of Appeal has confirmed that claims in fraud, dishonesty and conspiracy had been released by the parties’ settlement agreement, even though the release did not expressly mention such claims. The Court agreed that the usual principles of contractual…

09 October 2022

Government to replace the UK GDPR

The Secretary of State for Digital, Culture, Media and Sport, Michelle Donelan, announced at the Conservative Party conference that the government will be replacing the UK GDPR with "our own business and consumer-friendly British data protection system.” It is intended…

22 May 2022

Significant Court of Appeal Judgment on Limitation of Liability in IT Contracts

The Court of Appeal has handed down a significant judgment in relation to limitations of liability in IT contracts, which has relevance to commercial contracts more generally: Soteria Insurance Limited v IBM United Kingdom [2022] EWCA Civ 440. The clause in…

18 May 2022

Meet you in the Metaverse

I'm excited to announce that the sixth instalment, and the first episode of season two, of our Digital Download podcast, Meet you in the Metaverse, is now live. In episode six I discusses the metaverse with Kostya Lobov, Partner in…