Related insights: Regulatory
Greenwashing vs. real impact: how to spot the difference in AI sustainability claims
19 Apr 2023
As businesses and governments alike strive towards improved sustainability in 2023, Artificial Intelligence (AI) is increasingly being touted as a tool that can manage environmental impacts and climate change while also improving business efficiency. But is AI as green as it seems, or is it just another instance of greenwashing?
Intentional partnership and enduring success: building bonds for exponential edisclosure growth at Womble Bond Dickinson
17 Apr 2023
When international law firm Womble Bond Dickinson set out to select edisclosure technology, the firm knew it had to start small. But through proactive partnerships with Everlaw, the firm has transformed its approach to litigation technology, ensured broad adoption and seen greater return on investment leading to over 200% growth in matters over the past 24 months and a significant expansion of the firm’s edisclosure and legal services team.
Live facial recognition in CCTV: crime prevention vs. privacy
06 Apr 2023
After conducting an investigation into Facewatch, the ICO has concluded that Facewatch is able to rely on the 'legitimate interest' lawful basis to process individuals' personal data using facial recognition software for the purposes of crime prevention. The ICO highlighted a number of areas of concern and, after Facewatch made improvements in these areas, the ICO has confirmed that no further regulatory action is required against Facewatch.
Court of Appeal rules that HSE notices can be evidence of 'bad character'
05 Apr 2023
Notices of Contravention served by the Health and Safety Executive (HSE) can, in certain circumstances, be admitted as evidence of bad character, the Court of Appeal (CA) has ruled.
A previous Notice of Contravention or Prohibition Notice could potentially be considered evidence of "reprehensible behaviour", the HSE v Evergreen Construction UK Ltd ruling stated, if its content and any subsequent correspondence with the regulator reflect the current proceedings. Bad character can be evidenced by "reprehensible behaviour" as well as previous convictions, as per the Criminal Justice Act 2003. As a result, a Notice of Contravention can be used to establish a "propensity to commit offences of the kind" that a defendant currently faces.
A previous Notice of Contravention or Prohibition Notice could potentially be considered evidence of "reprehensible behaviour", the HSE v Evergreen Construction UK Ltd ruling stated, if its content and any subsequent correspondence with the regulator reflect the current proceedings. Bad character can be evidenced by "reprehensible behaviour" as well as previous convictions, as per the Criminal Justice Act 2003. As a result, a Notice of Contravention can be used to establish a "propensity to commit offences of the kind" that a defendant currently faces.
UK data protection reform: New Data Protection and Digital Information Bill (No 2)
17 Mar 2023
The Data Protection and Digital Information Bill (DPDI Bill (No 1)) was presented to Parliament on 18 July 2022. Since then, the Government has been in consultation with the Business Advisory Group, and responsibility for DPDI Bill (No 1) passed from the Department for Digital, Culture, Media and Sport (DCMS) to the newly formed Department for Science, Innovation and Technology (DSIT). However, DPDI Bill (No 1) had not made any progress through Parliament, owing, at least in part, to the fractious political goings on of 2022.
Spring Budget: Tech investment taken to the next level, but more haste is required
17 Mar 2023
Hot on the heels of the recent action taken to facilitate the rescue of Silicon Valley Bank UK (which reportedly supported in the region of the 3,000 companies predominantly in the technology sector), the budget statement contains further evidence of UK government's drive to support the development of digital technologies, by reference to Sir Patrick Vallance's report "Pro-innovation Regulation of Technologies Review - Digital Technologies".
Raconteur (The Times) Fraud & Financial Crime report 2023
03 Mar 2023
Economic downturns have a habit of becoming a breeding ground for fraud. And with social media, cryptocurrencies and non-financial sectors such as property, fine art and jewellery also proving hotspots for financial crime, there are plenty of dangers to watch out for. Will regulators be able to keep up in this constantly evolving landscape?
Ruling in Experian GDPR case thrusts ‘legitimate interest’ into spotlight
03 Mar 2023
Experian won a legal battle against the U.K. Information Commissioner’s Office (ICO) after the data regulator ordered the credit reference agency to make “fundamental changes” over the way it handled personal data for direct marketing purposes or stop altogether.
Protect Duty – what does it actually mean to owners and operators?
27 Feb 2023
Following a public consultation, the proposed introduction of legislation to minimise the risk of a successful terror attack has received overwhelming support from stakeholders in the UK.
The draft Protect Duty bill is set to get its first reading in Spring 2023. Protect Duty, which is also known as "Martyn's Law", was campaigned for by the mother of one the victims of the Manchester Arena attack in 2017. The duty is intended to apply to the whole of the UK with an aim of enhancing security at certain publicly accessible locations and venues to ensure the public is better protected from constantly evolving terror threats.
The draft Protect Duty bill is set to get its first reading in Spring 2023. Protect Duty, which is also known as "Martyn's Law", was campaigned for by the mother of one the victims of the Manchester Arena attack in 2017. The duty is intended to apply to the whole of the UK with an aim of enhancing security at certain publicly accessible locations and venues to ensure the public is better protected from constantly evolving terror threats.
Underage knife sales could cost retailers up to £1m
27 Feb 2023
New sentencing guidelines relating to underage knife sales have been published and are due to come into effect on April 1, 2023. Ashley Borthwick explains the potential impact for retailers.
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