Data

Pseudonymized data after EDPS v SRB

This article looks at SRB v EDPS, where the Court of Justice of the European Union (CJEU) ruled that comments submitted by individuals are considered personal data, regardless of whether they are pseudonymized from the perspective of the controller (the SRB in this case), because the controller still holds the means to identify the individuals.

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Data

Draft ICO guidance and consultations: September update

The UK Information Commissioner's Office (ICO) currently has several draft guidance documents open for public consultation, covering topics such as cookies and storage technologies, complaints handling, legitimate interest, online profiling tools, and distributed ledger technologies.

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The convergence of AI and Distributed Ledger Technology – opportunities and risks

Artificial intelligence (AI) and Distributed Ledger Technology (DLT) are reshaping industries, and their combination—referred to as "AIxDLT"—offers the potential for smarter, automated systems with greater transparency, efficiency, and trust. In this paper, we and Deutsche Bank explore the practical, legal, and technical considerations of implementing AIxDLT.

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Data

Belgian DPA decision on NOYB cookie complaints

On 26 June 2025, the Litigation Chamber of the Belgian Data Protection Authority (APD) delivered a notable set of decisions, dismissing no less than 16 complaints lodged by the Austrian data protection advocacy group None of Your Business (NOYB) against prominent companies. These decisions have sparked considerable debate about GDPR enforcement and the appropriate role of privacy advocacy groups in initiating regulatory actions.

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Deal or no deal? Whatsapp, emails and the goalposts of contract formation in the context of FIFA Club world cup broadcasting rights

The court of appeal has recently delivered an important Judgment in dazn limited v coupang corp, reminding us that legally binding contracts can arise through informal channels such as emails and messaging Platforms like whatsapp, even where no formal contract has been signed or even circulated. We offer the key takeaways.

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Data

Web Scraping for AI Development: The CNIL builds on EDPB Guidance

The French Data Protection Authority (CNIL) published updated guidance clarifying the conditions under which web scraping of publicly accessible data may be used to develop artificial intelligence systems. In this article we look at what the guidance says and what that means particularly for AI developers regarding whether or not the use of publicly available personal data for innovation is compatible with the GDPR.

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Data

Innovative datacentre financing: portfolio vs. ABS

This article - first published by TMTFinance - explores two approaches currently shaping datacentre financing: portfolio financing and asset-backed securitisation (ABS). Portfolio financings allow developers to consolidate multiple single-asset financings into a unified structure, reflecting the sector's growing maturity and need for more scalable funding models. ABS provides a cost-effective route to refinance development debt by leveraging stable, long-term tenancy cash flows to access capital markets on favourable terms.

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Data

The legal uncertainty facing EU–US Data Transfers – Storm over the Atlantic

Transatlantic data flows are once again under fire. Despite the lack of demonstrable harm or concrete examples of misuse of EU citizens' data under the current EU–US DPF, critics continue to push for its annulment. This dynamic is further compounded by reactions across the globe to new tariff measures introduced by the US, and by concerns raised by the US regarding the impact of the EU digital rulebook on US tech companies. This article discusses the DPF, the legal challenge to this framework and practical steps for organisations in a time of geopolitical flux

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Data

The future of ads regulation in the EU

This article reviews the current state of play and recent developments in regulating digital advertising. It suggests that the EU already provides robust protections through existing laws and that legislators may wish to assess existing frameworks and clarify regulatory uncertainties before proposing more legislation, which could hinder innovation and investment. Any new regulation should be necessary, coherent with existing obligations, and an opportunity to resolve inconsistencies.

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Artificial intelligence

Good Practices for AI Model Risk Management for Singapore Financial Institutions

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.

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Artificial intelligence

The Boundaries of Playing "Fair" When Training AI

Whether the fair use doctrine can be used as a defense for training AI on copyrighted materials is a complex and evolving legal question, with recent cases suggesting that fair use may not always apply, depending on the specifics of the AI system and use case. This issue has sparked significant debate, with tech companies emphasizing innovation and national security, while entertainment industry stakeholders urge strong copyright protections, and court decisions are beginning to shape the legal landscape with potentially far-reaching implications.

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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.

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Media & entertainment

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

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.

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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.

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Emerging tech

Quantum state of play

Quantum technology 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.

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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. It's an easy way to keep on top of the developments you need to know about.

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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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