The Lens Newsletter - October 2023

Equifax: a new dawn for FCA enforcement?

The FCA’s recent decision to fine Equifax Limited (“Equifax”) £11,164,400 for failing to manage and monitor the security of UK consumer data outsourced to its US-based parent Equifax Inc. - six years after the investigation was first announced -... Read more.

Watch how you sign – handwriting only for assigning a European patent application. 

You’ve made your European patent application. You now want to assign it. You check the relevant provision of the European Patent Convention (EPC), Article 72, which requires “the signature of the parties to the contract”. But beware. According to... Read more. 

Clearview AI: the First-Tier Tribunal decision provides a clearer view on behavioural monitoring. 

The First-Tier Tribunal (FTT) has allowed the appeal of the ICO’s fining and enforcement notices against Clearview AI Inc (Clearview). The FTT held that the ICO had no jurisdiction over Clearview as the use of its services by its clients for... Read more. 

UK government finalises IoT cybersecurity requirements. 

The UK government has published the final version of the Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023 providing manufacturers of IoT devices with clarity as to... Read more. 

High Court places impact of Brexit on trade mark infringement on “advance track”. 

The High Court has recently considered trade mark infringement through the use of a competitor’s mark as a Google keyword and in related internet advertising. The case itself was relatively straightforward on the facts, with the court finding... Read more. 

Same same but different: welcome alignment in ICO draft Data Protection Fining Guidance. 

On 2 October 2023, the ICO released for consultation new draft guidance on how it decides to issue penalty notices and calculate fines under the UK GDPR and the DPA 2018 (the “draft Fining Guidance”). This follows on from the European Data... Read more. 

CMA launches market investigation into public cloud infrastructure services. 

On 5 October 2023, the UK Competition and Markets Authority launched a market investigation into the supply of public cloud infrastructure services following a referral by Ofcom, the UK’s media and telecoms regulator. This follows Ofcom’s... Read more. 

ICO takes enforcement action over generative AI chatbot. 

On 6 October the ICO issued Snap Group Limited (Snap), which operates the popular Snapchat messaging platform, with a preliminary enforcement notice over potential failures to properly assess the privacy risks posed by its generative AI chatbot... Read more.