Information Law and TMT analysis: Michael Bywell, partner, Katie Hewson, partner, Daniel Jones, associate and Alex O'Connell-Danes, associate of Stephenson Harwood analyse Clearview AI Inc v ICO by providing background to the case, analysis on the judgment and providing in-depth analysis of the Tribunal’s considerations in overturning the notices issued by the ICO.

In legal practice, “clerk” is a broad, descriptive term for staff who provide administrative, organisational and, in some contexts, quasi-legal support to courts, tribunals, barristers, solicitors and public bodies. It is not generally a defined legal term, but its meaning is shaped by context and statute in specific roles.In the courts of England & Wales, Scotland, Northern Ireland and Ireland, a court clerk or clerk of court assists judges with case papers, court lists and procedural administration; in some jurisdictions, particular posts (for example, justices’ clerks / legal advisers in magistrates’ courts, or clerks of the District Court) have duties prescribed by legislation or rules of court.In barristers’ chambers (including advocates’ stables in Scotland), a clerk manages practice administration, fees, listings and client liaison, often playing a central role in practice development and diary management.In local government and public bodies, titles such as “clerk to the council” or “clerk of the Dáil/Seanad” denote senior officials responsible for procedural governance and record‑keeping. Across the UK and Ireland, the precise powers, responsibilities and professional status of a clerk depend on the specific office held.

The clerk to whom all papers and enquiries should be directed which relate to SCCO work concerning criminal fee appeals.

The clerk of works is engaged by the employer, or less frequently the architect, to supervise and monitor the quality of the works. He or she is on site on a day-to-day basis. Often used on public sector contracts.

Clickwrap involves clicking on a link on a website, usually displaying text such as I agree, or accepted.

The person(s) on whose behalf the firm is providing a service.

The customer under a receivables purchase agreement. Also used to refer to the borrower under an Asset Based Lending (ABL) facility.

Background to the Client Assets Resolution Pack The collapse of firms such as Lehman Brothers International (Europe) (LBIE) in 2008 and MF Global UK Ltd in 2011 led to criticism of the Financial Services Authority's (FSA) requirements in the Client Assets Sourcebook (CASS), as insolvency practitioners had problems accessing information and records relating to client money and custody assets (CMCA). As a result, the FSA (which was the predecessor to the Financial Conduct Authority (FCA) observed that the standard of CASS compliance at many firms was too low. In 2010, the regulator therefore undertook to enhance its client assets requirements by improving the CASS rules (see, for example, the publication of consultation paper 10/09 (Enhancing the Client Assets Sourcebook) and increasing the resources the FSA devoted to the protection of CMCA (eg by establishing the Client Asset Unit to drive the FSA's specialist supervision of CMCA). In addition, as part of proposals to introduce recovery and resolution plans ('RRPs' or 'living wills'), which were put forward by the Financial Stability Board to make the financial system

This checklist provides an overview of the Financial Conduct Authority’s (FCA) client classification requirements and may assist those seeking to classify clients as either retail clients, professional clients or eligible counterparties. • 1. Is the firm providing services relating to a child trust fund (CTF) (except for a personal recommendation relating to a contribution to a CTF) to the client? (COBS 3.4.2 R) If yes, the client is a Retail Client. If no, please see question 2. • 2. Is the firm providing any of the following services ('Eligible Counterparty Business') to the client? ◦ Dealing on own account, executing orders on behalf of clients or receiving and transmitting orders ◦ Carrying on any ancillary services directly related these services, or ◦ Arranging in relation to business that is not MiFID or equivalent third country business. (COBS 3.6.1(2) R) If yes, please see question 10. If no, please see question 3. • 3. Is the client an entity required to be authorised or regulated to operate in the financial markets? (COBS 3.5.2(1) R) If

This Practice Note sets out the requirements of the SRA Accounts Rules, in force from 25 November 2019, regarding client accounting procedures and records. It also reflects supporting guidance issued by the SRA: Helping you keep accurate client accounting records. The Accounts rules form part of the SRA Standards and Regulations. They focus on the key principles of: • keeping client money separate from the firm’s money • returning client money promptly at the end of a matter • only using client money for its intended purpose • proportionate requirements for firms to obtain accountants’ reports The Accounts Rules are concise, comprising just over six pages of rules plus a three-page glossary. They are supplemented by an extensive range of supporting guidance. See also Precedents: Accounts manual for staff—law firms and Accounts manual for accounts or finance team—law firms. Responsibility for compliance Your firm’s managers are jointly and severally responsible for compliance. A manager means a sole practitioner, member of an LLP, director of a company, partner in a partnership etc. The firm’s

This Practice Note sets out the requirements of the SRA Accounts Rules regarding client account withdrawals. It also reflects supporting SRA guidance: • Helping you keep accurate client accounting records • Planning for and completing an accountant’s report • Taking money for your firm’s costs See also Precedents: Accounts manual for accounts or finance team—law firms and Accounts manual for staff—law firms, which include a section on client account withdrawals. These are supplemented by appendices Procedure for client account withdrawals and Register of approved signatories. The current Accounts Rules came in force from 25 November 2019. They are concise, but are supported by extensive SRA guidance. The Rules are written in clear language that is easy to understand but contain subjective terms such as ‘promptly’, ‘fair’ and ‘appropriate’. The SRA acknowledges that this requires an exercise of judgment. Operating a client account and handling client money Rules 2 to 8 set out requirements in relation to the client account and dealing with client money. Withdrawals from client account You may only withdraw client money from a

A: General information Date of annual review Person(s) conducting annual review B: Review and findings Do you need to review who are appropriate persons within your firm to be a signatory on client account? ☐ Yes—ensure you set an action point at section C below☐ No Is your Register of approved signatories up to date? ☐ Yes☐ No—ensure you set an action point at section C below If you have fixed a limit above which two signatures are required, do you need to review this limit? ☐ Yes—ensure you set an action point at