Clifford Chance

UK data protection reform resurrected: Data (Use and Access) Bill hits the House of Lords

The UK Government introduced the Data (Use and Access) Bill (DUA Bill) to the House of Lords on 23 October 2024. Most of its content carries over from the Data Protection and Digital Information Bill (DPDI Bill) introduced by the Conservative Government in 2022, which fell when Parliament was dissolved before the 2024 general election, with some minor additions and a few notable omissions.

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Data

Advocate General's opinion on administrative fines under the GDPR

On 12 September 2024, Advocate-General Leila Medina (AG) delivered her opinion to the ECJ in Case C-383/23 Anklagemyndighenden v ILVA A/S (ILVA) which clarifies the relationship between the basis on which the level of an administrative fine is to be set under articles 83(1) to (3) of the EU General Data Protection Regulation (GDPR), and the maximum level of such a fine under articles 83(4) and (5).

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Real estate

Explain: an introduction to the use of Artificial Intelligence in real estate

The use of AI is still a relatively new and complex concept for many organisations and not knowing how to get started with AI can hold organisations back from taking action. This paper from REvolve aims to bring some context to how AI might apply specifically to real estate organisations. Clifford Chance is a member of REvolve and contributed an Expert View to the Report.

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Tech

Strategic licence negotiations: how to navigate vendor pressures and protect your interests

This article examines the ten key issues to be aware of when entering into strategic licence negotiations, including how to navigate vendor pressures and protect your interests.

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Fintech

Clifford Chance and GBBC: The Future of Digital Finance 2024

At our recent hybrid event The Future of Digital Finance 2024 jointly hosted with GBBC, leading international regulators and industry experts joined members of the global Clifford Chance fintech team to navigate critical topics for the digital assets industry, including the evolving global regulatory landscape, insights on the EU's MiCA and Dubai's digital ambitions, interoperability, tokenization of funds and assets and the UK's evolving digital landscape. Recordings of all of the sessions are now available on demand.

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Antitrust

Qualcomm Case: EU General Court confirms EC finding of predatory pricing abuse of dominance

This article examines the judgment of the EU General Court rejecting Qualcomm's arguments to annul a European Commission (EC) decision finding that the company had engaged in predatory pricing of its mobile chipsets (Decision). The judgment confirms and elaborates on key principles of predatory pricing abuses under EU antitrust law.

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On Exclusivity Clauses and Effects: the EU General Court judgment annuls the Google Adsense decision including its €1.49 billion fine

On 18 September 2024, the EU General Court (GC) annulled the European Commission's (EC) decision finding that Google had abused its dominant position in the market for online search advertising intermediation by imposing exclusivity, privileged placement, and authorisation clauses on third-party website publishers who used Google's intermediation services to offer search ads. The GC chiefly found that the EC had insufficiently established for the period of the alleged infringements that the three clauses in the Google Services Agreements were capable of preventing Google's competitors from accessing a significant part of the market for online search advertising intermediation. The judgment's main takeaway is that where the EC alleges an infringement based on exclusivity clauses, and where the dominant company disputes the specific capacity of those clauses to exclude as efficient competitors from the market, or raises an objective justification (as Google had), the EC must ensure that those clauses were, taking into account all the circumstances of the case, actually capable of excluding as efficient competitors.

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Survey of Cybersecurity Disclosures in Annual Reports on Form 20-F Filed by Selected Well-Known Seasoned Issuers

We have developed a survey to provide information to our clients and other interested parties about cybersecurity related disclosures included in annual reports on Form 20-F. Our survey focuses on foreign private issuers registered with the U.S. Securities and Exchange Commission that have disclosed that they qualify as well-known seasoned issuers and that we understand have a market-cap of more than $25 billion. The cybersecurity related disclosures in the annual reports on Form 20-F covered by this survey varied more widely than equivalent disclosures in the annual reports on Form 10-K that we had previously surveyed, which could reflect regional market practices as well as different home country governance approaches.

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Financial Investors Circle US Professional Sports Leagues

For many years, the ownership of US professional sports franchises was the preserve of wealthy individuals. However, that began to change in 2019, when Major League Baseball (MLB) eased its ownership and investment rules to permit financial investors to invest in its teams. Major League Soccer (MLS), the National Basketball Association (NBA), the National Hockey Association (NHL) and the National Women’s Soccer League (NWSL) soon followed suit and by early 2024, over 30 sports teams across these leagues had received some degree of financial investor backing. Given that the influx of financial investor money into US professional sports looks set to continue at pace, it is important that prospective sports investors understand the investment guardrails that each league has in place. We have compiled a table which does just this – comparing and contrasting the rules on financial investor ownership across each of the US professional sports leagues that have attracted financial investors.

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EU AI Act: Overview of the key rules and requirements

After years of consultation, drafting and negotiation, the EU Artificial Intelligence Act (EU AI Act) was finally published in the EU's Official Journal on 12 July 2024. This marks a major step forward towards a more sustainable and secure future of AI, globally. For more detail on the key rules and requirements of the EU AI Act, you can download our Executive Briefing and EU AI Act Summary.

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Artificial intelligence

Labour's approach to UK digital regulation

The King's speech, setting out the new Labour government's proposed legislative programme, included only one brief reference to digital regulation – specifically, to the need for regulation of the development of the most powerful large language AI models – but, as ever, the devil is in the detail.

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Artificial intelligence

Understanding the EU AI Act: implications for employers

The recent approval of the EU Artificial Intelligence Act (EU AI Act) marks a significant shift in the legal landscape surrounding the use of artificial intelligence (AI) in the workplace. Employers and HR professionals must be aware of the EU AI Act, its risk classifications and the corresponding obligations to ensure compliance.

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Survey of Cybersecurity Disclosures in Annual Reports on Form 10-K Filed by Selected Well-Known Seasoned Issuers

We have developed this survey to provide information to our clients and other interested parties about cybersecurity related disclosures included in annual reports on Form 10-K. Our survey focuses on companies registered with the U.S. Securities and Exchange Commission (SEC) that have disclosed that they qualify as well-known seasoned issuers and that we understand are included in the Fortune 100 index. The charts included in the survey attached below reflect selected statistics that we believe provide useful information about cybersecurity disclosure characteristics and related governance practices. A list of the companies whose annual reports we reviewed is provided in Annex A.

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Cyber

Child Online Safety: Navigating complex regulation

The Australian Securities Exchange (ASX) has updated its Guidance Note 8 (effective 27 May 2024) which provides crucial insights for listed entities on managing and disclosing cyber incidents. The Guidance is particularly relevant in an era where data breaches and cyber-attacks are becoming increasingly common. It outlines the circumstances under which a listed entity must disclose a data breach and the exceptions to their disclosure obligations. We set out the key takeaways for listed entities in Australia.

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Artificial intelligence

Understanding the New AI Operator Guidelines in Japan

Countries around the world are taking diverging approaches when it comes to regulating artificial intelligence (AI), and in particular with respect to generative AI. Japan has issued a comprehensive set of non-binding guidelines, which will be an important reference for those who run businesses in Japan. The government has produced a useful, detailed summary of the guidelines (Main body / Annex). In this article we provide a quick snapshot of the guidelines as well as some takeaway suggestions for commercial organisations to consider.

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Data

Amendments to the Act on the Protection of Personal Information of Japan Proposed for 2025

The PPC announced that there will be amendments to the Act on the Protection of Personal Information (APPI) in 2025, which are set to introduce significant changes to the current data protection framework. The Personal Information Protection Committee of Japan has published an interim report following their meeting on 26 June 2024 to summarise the ongoing discussions to revisit the APPI. Revisions are being proposed as part of the requirement to have the APPI reviewed every three years and in response to industry feedback calling for regulations that better align with practical business conditions.

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Emerging tech

Q-Day: Will quantum turn the world upside down?

Quantum is in some respects like other emerging technologies over the past few years, such as AI and blockchain. Much of it is already here but by another name, and truly disruptive use cases may be few. But there remain important reasons to pay attention to this esoteric union of computing and physics. We explore key considerations from a legal and commercial perspective.

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Cyber

Cybersecurity and the ASX Listing Rules: Key Takeaways from the Updated Guidance Note 8

The Australian Securities Exchange (ASX) has updated its Guidance Note 8 (effective 27 May 2024) which provides crucial insights for listed entities on managing and disclosing cyber incidents. The Guidance is particularly relevant in an era where data breaches and cyber-attacks are becoming increasingly common. It outlines the circumstances under which a listed entity must disclose a data breach and the exceptions to their disclosure obligations. We set out the key takeaways for listed entities in Australia.

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Artificial intelligence

Webinar: Regulating AI examining global developments

In this webinar our expert panel looked at the global development of regulatory frameworks for AI, including emerging trends and diverging approaches being taken in different jurisdictions. This included the EU’s AI Act, US developments at federal and state level, the UK perspective and the measures being taken in China to tackle regulation of generative AI and deepfakes.

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Healthcare & life sciences

Webinar: Healthcare Innovations Shaping the Global Future

AI, next-gen robotics, novel drugs, healthcare without healthcare professionals, personalised medicine and big data are just some of the ways the healthcare sector is being transformed. What does this mean for you and your organisation? In this webinar our expert panel looked at the key legal issues and explored how to leverage these for your own transformation and growth.

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Cyber

Webinar: Navigating Cyber Security and Resilience

The global trend towards increased cybersecurity and resilience regulation will tighten existing requirements and affect a broader range of businesses than ever before. From updates in SEC and NYDFS cyber requirements, to Singapore’s proposed Cybersecurity Amendment Bill, our global panel examined developments in the US, APAC, Europe and the Middle East

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Fintech

Global Fintech Update

Our weekly global fintech round-up, summarises fintech regulatory developments that have happened around the world along with our Clifford Chance fintech publications and upcoming events

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Tech

Tech Policy Unit Horizon Scanner

The Tech Policy Unit Horizon Scanner is our monthly dive into the key tech policy and legislative developments around the world.

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Sustainability: ESG Developments

This monthly newsletter is intended to assist banks, financial investors and corporates in keeping up to date with ESG developments.

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Media & entertainment

The Advertising Brief

Our quarterly newsletter delivering concise summaries of the most interesting cases from the UK's Advertising Standards Authority (ASA) with our key takeaways for all brand owners to be aware of

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Fintech

Global Crypto Round-Up

This monthly newsletter provides you with a monthly brief into the world of digital assets, keeping you up to date with regulatory developments, publications and events from across jurisdictions.

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Cyber

Stories from the Wild

This monthly newsletter will bring you the latest stories in information security and cybersecurity.

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