John Salmon

It's the one we've been waiting for (some of us, at least): the publication of the UK's proposed new data protection law, now renamed as the Data (Use and Access) Bill. Thank you to TechCrunch for featuring some of my initial thoughts on the Bill, which is of course subject to Parliamentary debate and will likely change in places. Is it going to jeopardise the EU's upcoming #adequacy renewal finding? I think not. Unlike the previous government's broad revision of the UK's data protection regime, these are targeted reforms — although there are certain provisions, particularly around automated decision-making, that may cause concern in Brussels. There is plenty to get stuck into in the coming days and weeks, including provisions around: (1) putting certain #DSAR-related guidance on a statutory footing; (2) increasing #PECR fines; and (3) data sharing, smart data and digital ID verification, among others. Happy reading! The Bill: https://lnkd.in/e9GKFc9y The Explanatory Notes: https://lnkd.in/e2fSymGt https://lnkd.in/edWqgP5W

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Exploring alternative funding avenues? NatWest's new Intellectual Property-based loan product could be a game-changer for startups and high-growth businesses. This product allows companies to leverage their IP assets for funding, providing a crucial capital boost without equity dilution. The market has announced the first £700k loan, proving it to be a viable option for forward-thinking businesses. Worth a look if you're considering innovative ways to fuel your growth! https://lnkd.in/e5NUkvgJ #StartupFunding #AlternativeFunding #BusinessGrowth #DebtFunding

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Thank you for the invite Tramshed Tech to deliver a #Commercial Contracts and IP module to the Creative Cluster programme recently. Supported by #UK government funding these programmes are so important to support the #tech #creative and #digital ecosystem and here it was great to advise the current 2024 @Tramshed Tech co-hort. We are delighted to support these programmes. Our talk covered: 🎁 what key commercial contracts all creative, tech and digital businesses should have in place; 🎁 how to identify different types of IP and how to protect and monetise #IP internationally; 🎁 the different strands of IP unique to the creative, digital and tech sectors; 🎁 how to enforce your #IP; 🎁 who owns the #data and #databases in a SAAS platform; 🎁 business continuity considerations around digital transformation and how to transfer smoothly to a new vendor/supplier; 🎁 how to safely integrate #AI into services and creative deliverables; 🎁 how to protect scripts for #podcasts and #films; 🎁 collaboration with partners and using freelancers on projects; 🎁 AI policies and other policies which are legal requirements or best practice; 🎁 privacy and data considerations. #lawyer #scaleups #IP #commercial #southwest #digital #tech #creatives

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Speaking at the UK House of Lords Property (Digital Assets etc.) Bill, Special Public Bill Committee, we were asked about the impact of the current draft on the UK economy, including whether the legal status of digital assets was sufficiently clear to businesses and industry players alike. 👉 Whilst the legal status of cryptocurrencies has been certain since 2019, the bill allows currently uncontemplated assets to fall under the regime. This is an exercise in future proofing our technology and its resulting assets, ensuring they have the necessary legal status to sustain and grow, in turn helping our economy. 👉It’s also understood that there’s a general sense of nervousness from the Judiciary in deviating from established case law defining “property”. The proposed legislation allows decision makers to kick open a door ajar on an ah hoc basis, and gives them confidence to ensure new assets are capable of being the subject of personal property rights. Thanks to the other witnesses before the committee Jonny Fry (who focussed on the effects payments and transactions) and Professor Burkhard Schafer. Sensing there will be some amendments but the behind the scenes work of the Law Commission of England and Wales and Sarah Green and Matthew Kimber has been vital. Full recording of the session via the below link https://lnkd.in/esVkTy-A Appearing as the Chair of techUK’s Blockchain and Ditigal Assets Working Group and in the context as a director and Head of Blockchain and Digital Assets at Lawrence Stephens, our task was to consider more macro economic and legal issues. #digitalassets #bitcoin #houseoflords #cryptocurrency #blockchain Matthew Evans Ella Gago-Brookes Rory Daniels Daryl Atkinson Lawrence Kelly Dominic Holden Asim Arshad Ricardo Geada Andy Thornley

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🚨 Crypto-Asset Reporting Update in the UK 🚨 The UK government recently published its consultation outcome on implementing new crypto-asset reporting standards. With the global landscape of digital assets evolving, this move marks a significant step towards increased transparency and regulatory clarity within the sector. Under these proposals, crypto-asset service providers would face expanded reporting requirements, aligning with the Organisation for Economic Co-operation and Development (OECD)'s Crypto-Asset Reporting Framework (CARF). This framework is designed to enhance cross-border transparency and combat tax evasion, responding to the rapid growth and complexity of crypto-asset markets. What could this mean for businesses? Crypto-asset businesses will need to adapt to new reporting standards, affecting data management, privacy, and international tax compliance. For investors, this move signals more regulated and transparent operations, potentially fostering trust in digital assets. The UK’s adoption of CARF aligns with other jurisdictions, promoting consistency and cooperation in the global crypto space. As this unfolds, professionals in the legal and financial sectors should stay alert to how these regulations will impact crypto-asset management and reporting practices. 🔗 For more details, read STEP’s coverage of the government’s consultation outcome here: https://lnkd.in/eTBXfNZe #CryptoRegulation #DigitalAssets #CryptoCompliance #UKLaw #Transparency

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LIVE WEBINAR: How to Adopt AI in Compliance with the GDPR 4th June | 3pm Join our consultant Mark James for: • How existing data protection laws such as the GDPR regulate AI use; • Assessing risk and mitigation strategies through DPIAs (data protection impact assessments); • Key data protection pitfalls to look out for when assessing AI tools; • Privacy by design as a concept for organisations striving for innovation; and • Our recommendations for AI success. Sign up here: https://lnkd.in/dmn-dnTW (Even if you can't attend, you'll still receive a copy of the slides and recording) #GDPR #dataprotection #AI

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❌Levying big fines on big tech companies is not an effective way of keeping them in line, the UK’s privacy chief has said, in comments that have prompted a backlash from data privacy experts and transparency campaigners. 🚫John Edwards, the information commissioner, said that issuing penalties in the hundreds of millions of pounds, as his counterparts in Europe do, would only tie up his office in litigation. 💸In contrast, the Irish regulator, which leads enforcement against big tech for Europe, has issued €3.2 billion of fines since 2018 at an average of €112 million each, according to enforcementtracker.com ( 🔗 https://lnkd.in/e9eKAVdc). The ICO has levied fines totalling €75,541,500, an average of €504,000 per fine. 🧒🏼 Edwards said he preferred engaging with industry to ensure compliance with laws such as the Children’s Code (https://lnkd.in/eYF4n7Vs), which regulates how companies handle the data of young people. 🚸He said there were a dozen examples of how the online world was safer because of the way the Information Commissioner’s Office has enforced the code. ⬇️See more here ⬇️

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You do not want to miss this strategic new paper from CIPL and Richard Thomas on how should DPAs deliver effective and outcome-driven data privacy oversight, supervision and enforcement by focusing on outcomes, risk-based behaviours, strategic goals, transparency and constructive ex -ante engagement. Just like the companies and public sector need to step up their own digital accountability, regulators need to consider how to effectively deliver their role and the objectives of the digital regulation. New times call for new behaviours, new tool, new collaborations and laser-focused prioritisation to achieve the outcomes intended by legislators. DPAs and other digital regulators must be truly empowered economic regulators too, focusing on both harms and risks, but also benefits of responsible data use and responsible development of technology. It is not about stopping data use, nor AI or other technologies, but ensuring it happens responsibly, with benefits for people, society and economic growth and with trust. We are all in the same boat and have to work together towards this! Join us on this shared journey. And this is a perfect setting for the upcoming Global Provacy Assembly in Jersey next week and CIPL’s dinner and conversation with Richard Thinas and Prof. Christopher Hodges on this topic. #CIPL #Smartregulation #accountability #digitalregulation

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So, in a recent UKIPO decision, the formal requirements for representing animated Graphical User Interface ("GUI") designs in respect of UK design registrations has been clarified. A key takeaway from the decision is that there is no specific threshold for the number of features that views must have in common to be considered "visually related." To clarify: when you file a UK/EU design you file a series of "representations" and the idea is that all the "representations" (i.e. drawings) are linked to each other i.e. in the sense that they are "visually related". But this creates some issues when the design you are trying to protect relates e.g. to an animated image i.e. something which starts out as image X but ends up as image Y. 1. Legal Background The UKIPO’s Registered Designs Examination Practice Guide confirms that digital media, including GUIs, computer icons and screen savers, can be protected via design registration, provided they meet the requirements of the Registered Designs Act 1949. For animated designs, the guide specifies that up to twelve views, or "snapshots" can be used to represent a sequence, provided the views are visually related. 2. Case Summary In UK Design Application 6309668, an animated GUI design was under examination. The UKIPO initially objected, arguing that the twelve representations were not "visually related" due to the changing number and position of dots across the sequence. The UKIPO deemed this a lack of unity and requested that the Applicant delete eleven of the views. The Applicant argued against this, using side-by-side comparisons and superimposed images to show common features between the representations. The case was escalated to a Hearing Officer, who confirmed that there is no threshold for how many common features are required between views. The Officer held that the representations formed a "singular, self-contained sequence," and the objection was waived. 3. Implications This decision is significant as it confirms the flexibility in defining what constitutes a visually related sequence in animated design registrations. It reinforces that each case will be considered on its merits and underscores the importance of focusing on the overall sequence rather than rigid criteria for visual features. This decision is likely to influence future cases and consolidate the growing body of UK design law, particularly in the context of the increasing number of design registrations for animated GUIs, icons, and digital media following Brexit. #uk #designs #mbip #gui

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Trust and innovation. Are these the core regulatory perspectives and motivations for the UK payments horizon? The two go hand-in-hand. There has to be a use-case and a means to keep building on the growth and innovation that already comes from the commercial impetus of thr market and existing achievements of the open banking framework. Looking at national initiatives in the UK (and international positioning), this is at the heart of regulatory initiatives. Big themes include: - fraud prevention - end-user protection - innovation (from building on open banking to the more futuristic connotations of central bank digital currency) - opportunity for growth and innovation. This is ambitious stuff. #consumerprotection #psr #payments #tech #fintech #consumer #retail #openbanking #digitalpound

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💡 UK Regulator to Introduce Competition Protections for the Cloud Industry The UK’s Competition and Markets Authority (CMA) is preparing measures to address competition concerns in the multibillion-dollar cloud computing sector. The regulator plans to release a preliminary decision outlining specific “behavioral” actions aimed at curbing anti-competitive practices. As reported by CNBC, these measures may be announced within the next two weeks. The CMA had previously set a timeline from November to December 2024 for publishing its preliminary findings. Key issues identified by the CMA include: 📌High data transfer fees between cloud providers. 📌Opaque licensing agreements that limit customer flexibility.  📌Volume discount schemes favoring large customers. 📌 Compatibility restrictions, which make switching providers more difficult. The regulator is considering solutions such as price controls, reducing technical barriers for switching providers, and banning aggressive marketing tactics. In related news, the CMA recently approved Google’s partnership with AI startup Anthropic, concluding that the case did not warrant a full-scale merger investigation. #CloudComputing #CompetitionLaw #Antitrust #CloudIndustry #TechPolicy #DigitalTransformation #Regulation #CMAUpdates #CloudTechnology #TechInnovation

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This week in our series, Decoding the Digital Competition Bill, 2024, we will discuss the 𝐂𝐨𝐫𝐞 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 (𝐂𝐃𝐒) which is sought to be regulated by the Digital Competition Bill, 2024 (DCB). The compliance obligations will apply only to ‘Systemically Significant Digital Enterprises’ (SSDEs) offering a CDS. Having a pre-defined list of CDS removes the relevant market definition step in abuse of dominance cases – by identifying those digital markets or services (having multi-sidedness, cross and same-side network effects, zero-price services, and access to data) which are prone to tip. Presently, the DCB’s scope of CDS encompasses a wide spectrum, from operating systems to cloud services, including a catch-all of online intermediation services (refer to the table below for the existing list). The Competition Commission Of India (CCI) is empowered to modify existing CDS and add to the list as necessary. The CCI is poised to draft specific conduct requirements uniquely tailored to that CDS. This approach recognizes the need to adjust the ex-ante framework suited for different business models within various CDS in a nuanced manner. #DigitalCompetitionBill2024 #BusinessRegulation #WeeklySeries #StayInformed #DigitalCompetitionLaw #IndianDigitalMarkets #ExAnteRegulation #IndianCompetitionLaw #DigitalPlatformsIndia #tt

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Another milestone in answering key questions relating to duties and roles of crypto exchanges broadly. Although a competition claim this will have a wider impact on what to expect from some of the biggest brands in the industry. Thanks to Commercial Dispute Resolution (CDR) and Andrew Mizner for including my thoughts on delisting BSV on some major exchanges: 📌 This case lends itself to a wider narrative with two main camps: those to who believe in BSV as Satoshi’s true vision for Bitcoin and those who do not (BTC is widely marketed as the original Bitcoin protocol and is the Bitcoin made available for purchase on most platforms). 📌 In any event BSV has very different marketing, protocols, and fiat values (BSV being lower than BTC but with claims of higher transaction volumes), and the claimant class may seek to justify both price and broader adoption issues on market manipulation and competition interference, in the form of delisting, by those who want to suffocate BSV. 📌 Whether there is a right to claim concerted market manipulation or whether this is simply private companies delisting a token is likely to be a vital matter in this dispute. BSV Blockchain Asim Arshad Ricardo Geada Lawrence Stephens

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This is one important to step in protecting women. Watch for news of LM’s upcoming Chicago event where we will be discussing the Defiance Act and other gender bias and exploitation of women in the AI landscape. #genderbasedviolence #deepfake #artificialintelligence

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The ICO are cracking down on cookie compliance! Is your website taking the biscuit? 🍪 We’ve been talking to Tom Gell, data protection expert at Trust Keith • The DPO-aaS for Scale-Ups and ISO Serious, about cookies. You might think that you have this covered, but it’s a fast-moving area and many organisations don’t realise they are out-of-date and failing to comply with the law. Tom shares his list of the top 7 things you need to know below to help ensure you measure up... 1️⃣ There are two types of cookies 2️⃣ Analytical cookies  3️⃣ Other tracking technology 4️⃣ Changing law 5️⃣ 3rd party providers 6️⃣ "Reject all"  7️⃣ Countries If you want to discuss any of the above or if would like us to check your cookie policy for compliance please get in touch on [email protected]. You may also want to check out our previous blog on why do I need a cookie notice (linked below). #Cookies #Compliance #CookiePolicy #DataProtection Mitchell Omer

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Maria Spencer’s latest post provides some helpful insights into what we could expect to see from the Labour Government in relation to data protection. For me, I think that data protection and privacy is likely to be at the bottom of the agenda, and we are unlikely to see any changes any time soon, but as always, we will just have to wait and see. #dataprotection #dataprivacy

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Last week, we flagged how generative AI partnerships are in the CMA's jurisdictional crosshairs with the UK regulator taking an expansive approach to what counts as an 'enterprise' subject to merger control rules (hiring staff with key knowhow may possibly be enough), as well as what commercial relationships (e.g. supply/distribution arrangements creating commercial dependency) can be deemed to give a firm 'control' over a foundation model partner. Today, the CMA announced the closure of its investigation into Amazon/Anthropic, finding that it did not have jurisdiction to review the AI partnership. The deal was found not to meet the UK's 25+% 'share of supply' threshold (in contrast to the CMA's review of Microsoft/Inflection, see below). The CMA did also scrutinise what influence Amazon obtained over Anthropic via its $4 billion investments (inc. associated consultation rights) and certain non-exclusive access/supply arrangements. But it ultimately left open the question whether the deal resulted in Amazon taking control over an enterprise. The deal completed back in March. The CMA is not quite done yet though - it's still looking at the Google/Anthropic and Microsoft / OpenAI partnerships. See the CMA's summary decision here: https://lnkd.in/ekj3mEzQ #Competition #MergerControl #AI

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