Clifford Chance

Artificial intelligence

The Boundaries of Playing "Fair" When Training AI

Can the fair use doctrine be a defense for training artificial intelligence (AI) on copyrighted materials? This is one of the key questions in the developing AI legal landscape and one highlighted recently in OpenAI's and Google's comments to President Trump's U.S. AI Action Plan, where the tech giants argued that freedom to innovate is, among other things, a matter of national security. More than 400 entertainment industry members responded, urging the Trump administration not to jeopardize copyright protections for America's creative and knowledge industries to train AI. The answer to the question is not simple and the applicability of the fair use defense may vary depending on AI system type. In Thomson Reuters Enterprise Centre GmbH and West Publishing Corp. v. Ross Intelligence Inc., No. 1:20-cv-613-SB (D. Del.) (Thomson), a recent case involving a tool that uses natural language processing techniques, the court determined that fair use was not an effective defense. Although this decision was fact-specific, it, along with similar cases, is beginning to shape this area of AI law, with potential larger and significant implications for society.

Read

Artificial intelligence

Good Practices for AI Model Risk Management for Singapore Financial Institutions

In December 2024, the Monetary Authority of Singapore (MAS) issued an Information Paper on Artificial Intelligence Model Risk Management (AI MRM) following a thematic review of selected banks' AI MRM practices in mid-2024. The Information Paper outlines good practices by the MAS observed during the review, focusing on: governance and oversight key risk management systems and processes development and deployment generative AI third-party AI. Although the good practices were derived from a review of bank practices, the MAS has indicated that they should generally apply to other financial institutions (FIs) when developing and deploying AI.

Read

Cyber

Beyond the Firewall: Legal Privilege in Cybersecurity Investigations

The Australian Federal Court recently handed down its ruling in the Medibank case. Set in the context of third-party forensic reports commissioned post-cyber-attack, the case highlights important lessons on legal privilege and the potential impact on companies' litigation strategies. This article looks at the case and what protections companies should take when commissioning an investigative report following a cyber incident.

Read

Media & entertainment

Media Act 2024 – the Government's Answer to Changing Technology and Consumer Habits

On 24 May 2024, the Media Act 2024 became law, reforming the framework governing public service broadcasting, video-on-demand (VoD) services and radio. The Act aims to ensure that public service broadcasters (PSBs) such as the BBC, ITV and Channel 4 can continue to provide socially valuable television programmes for the public benefit against a backdrop of shifting technological developments and evolving consumer habits. The Act includes several parallel provisions in relation to radio to ensure that UK radio stations continue to be accessible, including on digital platforms. In this article we look at the key aspects of the legislation and Ofcom's road to implementation.

Read

Emerging tech

Quantum state of play

Quantum technology, although nascent, has the potential to revolutionise computing and to reshape geopolitics as nations race to secure a foothold in this cutting-edge field. However, this technology comes with enormous risks around national security, sovereignty and cybersecurity, as quantum could have the ability to render useless most encryption techniques. In this article we explore the challenges and opportunities that lie ahead, together with legal and regulatory concerns, as a number of jurisdictions impose export controls and other restrictions on (broadly defined) quantum technology.

Read

Artificial intelligence

AI Safety and Action: How Governance Builds Truth

If AI is not secure, reliable, and transparent, the risk of harm increases, users lose trust in AI tools and adoption of the technology may stall. By looking at key themes such as transparency and bias, and examining their evolution in other sectors, we can better understand the risks that need to be mitigated and, importantly, the benefits – to both safety and innovation – of implementing an effective governance program.

Read

Artificial intelligence

President Trump's first 7 days in office: what's out, what's in and what's still in

The first week of Donald Trump's second Presidency was nothing short of extraordinary in many respects, including its implications for the tech sector. January 20, 2025, Trump's first day in office, saw a whirlwind of activity: the President issued a Presidential Statement, revoked 78 Executive Orders and Presidential Memoranda and issued 26 Executive Orders and an America First Trade Policy. During the remainder of the week, Trump signed seven additional Executive Orders and announced a US$500 billion joint venture for infrastructure tied to AI. These activities occurred in the context of key global developments, including the World Economic Forum in Davos and breaking news about a Chinese AI developer, DeepSeek. This article provides an overview of key tech-related developments during the second Trump administration's first seven days: what's out, what's in and what's still in. We will provide in-depth analyses and updates as these developments continue to evolve.

Read

Tech

Mexico’s plans to develop its semiconductor industry: challenges and opportunities

Recent global developments accelerating the push for geographical diversification of semiconductor production include positioning Mexico as a primary destination for the chip manufacturing industry over the next decade. Companies will seek to take advantage of recently announced tax incentives, an abundance of low labor costs and proximity to the U.S. as they advance nearshoring agendas. In January 2025, the Sheinbaum Administration introduced a presidential decree which outlines preliminary incentives for local and foreign companies aiming to nearshore their semiconductor manufacturing operations.

Read

Data

DOJ Final Rule on National-Security Risks Posed by Countries’ of Concern and Covered Persons’ Access to U.S. Sensitive Data

On December 27, 2024, the U.S. Department of Justice (DOJ) issued the Final Rule setting up a national-security program within the DOJ's National Security Division. The Rule implements President Biden's February 28, 2024 Executive Order 14117 "Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern" The Rule regulates certain data transactions with "countries of concern" and covered persons involving U.S. bulk sensitive data or government-related data

Read

Fintech

The Financial Conduct Authority - Crypto Roadmap timeline

On 26 November 2024, the FCA published a series of pieces on crypto regulation, including its anticipated Crypto Roadmap. In this article we highlightsome of the key developments contained within the FCA's Crypto Roadmap.

Read

Healthcare & life sciences

U.S. Healthcare AI Developments: California's New Healthcare-focused genAI Law

As the healthcare industry develops novel uses for artificial intelligence (AI) and generative AI (genAI), various U.S. state regulators have responded. In particular, California, Colorado, Illinois, New York, and Utah have each introduced laws regulating AI in healthcare, ranging in scope. Of particular note is a new law in California, AB 3030, regulating genAI use in patient communications and set to take effect on January 1, 2025. This new CA law requires health facilities, clinics, physician's offices, and offices at a group practice to provide certain disclosures when using genAI to generate written or verbal patient communications pertaining to patient clinical information. "Patient clinical information" is "information relating to the health status of a patient" and does not include administrative matters.

Read

Artificial intelligence

Facing a reckoning: Australian privacy regulator comments on facial recognition tech in recent ruling

Between 2018 and 2021, Bunnings, an Australian retailer, secretly used facial recognition technology on customers to identify potential shoplifters by comparing their faces to a database of known offenders. This practice was deemed unlawful by the Australian Privacy Commissioner following a two-year investigation.

Read

Artificial intelligence

Inclusive AI for people with disabilities: Key considerations

To mark International Day of Persons with Disabilities (IDPD) 2024 we will look at how AI is empowering inclusivity and improving accessibility for disabled individuals generally before providing an overview of the global legal landscape looking at the US (federal and State levels); Europe (the EU and the UK), and APAC (Australia, Singapore and China).

Read

Tech

Forecasting the impact of Trump's second administration on the tech sector

This briefing provides an overview of how President-elect Donald Trump’s campaign promises may translate into policy reform and the potential impact on the tech sector and the many businesses that rely on it. We look at: AI and Data Centres; Cryptocurrency and Digital Assets; Antitrust; Semi-conductors; Electric Vehicles; Connectivity; Social Media Content Moderation and Space. Please note that this analysis forecasts potential changes based on public statements by Trump and other officials and is subject to change

Read

Keeping Pace: The First Tranche of Australian Privacy Reforms versus the GDPR Regimes

This article addresses the reforms proposed in the Privacy Bill, and how and to what extent the changes will align the Privacy Act more closely with the EU General Data Protection Regulation (EU GDPR) and its essentially similar UK equivalent (UK GDPR, and together with the EU GDPR, GDPR).

Read

Data

The test for "personal data" in the context of data breaches under UK data protection law

In whose hands – the data controller's or the hacker's – should hacked data be assessed to determine if it is "personal data" under UK data protection law? On 4 November 2024, the UK Information Commissioner's Office (ICO) filed an application seeking permission to appeal the Upper Tribunal's recent decision relating to a personal data breach involving DSG Retail Ltd (DSG). The appeal focuses on the definition of "personal data" in UK data protection law and argues that the Upper Tribunal interpreted the term too narrowly in the context of this breach.

Read

Tech

Impact of US ICTS supply chain focus on the automotive sector

Foreign threats to the US information and communications technology and services (ICTS) supply chain constitute a national emergency. Executive Order 13873, titled "Securing the Information and Communications Technology and Services Supply Chain," issued on May 15, 2019 (EO), first declared the emergency and granted the Secretary of Commerce (Secretary) the authority to regulate ICTS transactions involving "foreign adversaries" that may pose undue or unacceptable risk to the United States or US persons. Following publication of an Interim Final Rule on January 19, 2021, the Department of Commerce (Department) implemented the EO in the Final Rule on December 6, 2024 (Final Rule). The Final Rule goes into effect on February 3, 2025. This briefing provides an overview of the Final Rule introduced by the Department of Commerce, other regulatory efforts focused on safeguarding ICTS for national security reasons and ICTS-related developments impacting the automative sector

Read

Artificial intelligence

Africa's AI future – governance, strategy, and essential business considerations

In October 2024, Clifford Chance were the platinum sponsors of the African Corporate & Government Counsel Forum (ACGC) annual conference in Accra, Ghana. Participants at the conference included Microsoft, MTN, Citi and Standard Chartered. At our opening plenary session, we explored some of these issues in depth alongside in-house counsel. We have laid out our key insights for businesses developing, deploying and using AI in Africa. While taking advantage of the transformative opportunities posed by AI in Africa, it will be crucial to understand the distinct cultural and linguistic context of each country in which a business operates.

Read

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.

Watch

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.

Watch

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

Watch

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

Read latest edition

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.

Read latest edition

Sustainability: ESG Developments

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

Read latest edition

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

Read latest edition

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.

Read latest edition

Cyber

Stories from the Wild

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

Read latest edition