Clifford Chance

Violetta Kokolus, Partner, says...

"As the hype around generative AI passes, companies will be cautiously moving from testing to implementing new generative AI solutions and seeking out large strategic partnerships to continue their innovation efforts. While increasing legislation may bring more legal certainty, many questions around fundamental legal theories will remain open and highly contested.

Against this backdrop, companies will be entering into detailed and complex contractual arrangements in an attempt to mitigate risk around legal uncertainty. Companies will also need to continue to focus on, and require more contractual commitments relating to, reliability, security, transparency and equity."

James McPhillips, Partner, says...

"In 2024, the only thing certain about AI is that there are a lot of unknowns. Developments will be rapid, dramatic, and probably unexpected. New companies and products that were previously unimaginable will be developed and launched. Many enterprise processes – from contracting to compliance – will need to be retooled. The commercial marketplace and global legal frameworks for how enterprises develop, buy, and deploy AI is being fashioned as we speak.  We are at the dawn of a new technology era with AI, and this landscape presents both opportunity and risk."

Kate Scott, Partner, says...

"Data privacy claims continue to trend: class actions in the US, but there has been a quiet swell of GDPR decisions before the CJEU. Expect to see more AI claims in 2024, whether framed as data misuse, copyright or disputes as to liability."

Sian Smith, Senior Associate, says...

"We are seeing rapid developments in APAC as several countries look to implement comprehensive and far-reaching data privacy laws – some for the first time. Although many are taking inspiration from GDPR and other established laws around the world, we are also seeing diverging approaches and nuances in areas such as data breach notification and cross-border data transfers, which require case-by-case consideration. Many of these regimes have either already come into force or are expected to become effective over the next year or two, so preparation is crucial for international organisations with data flows in APAC."

Holger Lutz, Partner. says...

"Legislative focus on cyber resilience will demand attention – including, in the EU, DORA, NIS II, the revised Critical Entities Resilience Directive and the Cyber Resilience Act. Beyond the legal drivers, cyber resilience is vital as nearly every company relies on digital connectivity and is a potential target for bad actors, who are sophisticated and ruthless."

Nadia Kalic, Partner, says...

"We expect that the global trends of decarbonisation and digitalisation will continue to fuel investment by private capital into infrastructure in 2024. Rapid advances in AI and machine learning and the widespread adoption of IoT-enabled devices is making infrastructure more efficient, consumer friendly and sustainable. However, the use of sensitive data and personal information can be a target for commercial espionage, sabotage and foreign interference activity, and we expect to see continued scrutiny by governments on foreign investments and M&A activity in this space."

Oscar Tang, Senior Associate, says...

"Quantum sensing, quantum cryptography and communications, and quantum simulation have drawn the interest of governments and private investors worldwide. The law is not far behind – national security and competition law are core concerns. For example, the UK's National Security and Investment Act 2021 already allows the government to scrutinise and intervene in quantum technology acquisitions. Other considerations will increasingly come into the frame, from data protection and information security compliance to apportioning contractual risks and liabilities between contracting parties. 2024 will see efforts continue in both law and policy as quantum technology continues to develop."

Arnav Joshi, Senior Associate, says...

"Online safety will take centre stage in 2024, particularly in relation to children. New regulations and guidance will set higher standards for businesses and create challenges for navigating compliance internationally. Buoyed by a renewed focus on AI, online safety and misinformation, principles like fairness, accountability, transparency and human oversight will be further hard-coded into emerging laws around the world. Organisations already embedding these principles in how they develop and deploy technology will have a competitive advantage."