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NEWS
TMT analysis: From 2 August 2026, anyone using AI to generate images, audio, video (or in some cases, text) for professional purposes may need to label the content as AI generated or manipulated. Article 50(4) of the EU AI Act (‘Act’) requires ‘deployers’ of AI systems to clearly disclose that content has been artificially generated or manipulated in two distinct scenarios: where image, audio or video content qualifies as a ‘deepfake’ (a broadly defined concept, explored further below) which is likely to capture a raft of AI-generated advertising and creative visual assets; or where AI generated or manipulated text is published with the purpose of informing the public on matters of public interest and has not undergone human review or editorial control. Routine AI-drafted advertising copy will generally sit outside this second scenario, provided it does not include claims relating to matters such as health, consumer safety or sustainability. The reason for these new labelling rules is so that audiences should be able to tell fact from fabrication, rather than being quietly deceived that a photorealistic AI creation is real or authentic. However, the practical assessment as to who is the ‘deployer’ of AI in a typical advertising chain, and what may be a ‘deep fake’ under the Act, is an objective test to be determined on the facts. Written by JJ Shaw, Brinsley Dresden, and Gemma Jones of Lewis Silkin LLP
NEWS
Restructuring & Insolvency analysis: The LexisNexis Restructuring & Insolvency practical guidance team has updated its precedents following structural changes to the divisions of the High Court.
NEWS
Construction analysis: The Construction Industry Council (CIC) has recently published the second edition of its Building Information Modelling (BIM) protocol. Andrew Croft, associate in the construction and engineering group at Beale & Company, and lead consultant responsible for drafting the new protocol, explains the key changes that have been made.
NEWS
Restructuring & Insolvency analysis: Willem van Nielen from Recoup Lawyers (NL) (www.recoup.nl) looks at the new draft restructuring law in the Netherlands that the Dutch Government submitted to Parliament on 8 July 2019. The draft Bill allows for global restructurings as it features elements of the USC chapter 11 (such as a cram down mechanism and moratorium) and the UK Scheme of Arrangement (such as implementing a plan outside of formal insolvency proceedings).
NEWS
EU Law analysis: The EU Commission has now approved the new EU Designs Implementing Regulation (Regulation (EU) 2026/138), setting out a number of procedural changes to the EU registered designs regime. The new Implementing Regulation was published on 19 March 2026 and will come into force on 1 July 2026. Written by Michael Shaw and Gregory Carty-Hornsby of Marks & Clerk.
Q&As
The New Electronic Communications Code (the New Code) was brought into force on 28 December 2017 under the auspices of the Digital Economy Act 2017 (DEA 2017). The purpose of the New Code is to regulate the relationships between landowners and those network operators that site equipment on their land. Paragraph 3 of the New Code sets out the ‘code rights’ in relation to an operator and any land. One of those rights is a right for the statutory
NEWS
Ireland—Commercial analysis: This article, was written by Alan McCarthy and Richard Hourihan of A&L Goodbody LLP.
PRACTICE NOTES
This Practice Note explains the regime for approving prospectuses under the UK public offers and admissions to trading regime which came into effect on 19 January 2026. This Practice Note focuses on the requirements as they relate to debt capital markets. For more information on the regulatory framework of the new regime and the key provisions relevant to debt capital markets, see Practice Note: The new UK public offers and admissions to trading regime—essentials. For information on the practical implications for debt capital markets transactions, see Practice Note: The new UK public offers and admissions to trading regime—key practice points for debt capital markets. In summary A new regulatory regime governing the public offers and admissions to trading of securities in the UK, including when a prospectus is required and the contents of such prospectus, came into effect on 19 January 2026, replacing the previous EU law-derived regime. From 19 January 2026, Assimilated Regulation (EU) 2017/1129 (the UK Prospectus Regulation), the FCA’s Prospectus Regulation Rules sourcebook (PRR) and
PRACTICE NOTES
This Practice Note gives an overview of the main provisions of the UK public offers and admissions to trading regime which came into effect on 19 January 2026. It covers the rules governing public offers and admissions to trading of securities in the UK and the prospectus requirements under the new framework. This Practice Note focuses on the rules as they relate to debt capital markets. The new UK public offers and admissions to trading regulatory framework A new regulatory regime governing the public offers and admissions to trading of securities in the UK, including when a prospectus is required and the contents of such prospectus, came into effect on 19 January 2026, replacing the previous EU law-derived regime. From 19 January 2026, Assimilated Regulation (EU) 2017/1129 (the UK Prospectus Regulation), the FCA’s Prospectus Regulation Rules sourcebook (PRR) and certain parts of Part 6 of the Financial Services and Markets Act 2000 were revoked. The new regulatory framework is primarily set out in the Public Offers and Admissions
PRACTICE NOTES
This Practice Note explains the prospectus requirements under the UK public offers and admissions to trading regime which came into effect on 19 January 2026. This Practice Note focuses on the requirements as they relate to debt capital markets. For more information on the regulatory framework of the new regime and the key provisions relevant to debt capital markets, see Practice Note: The new UK public offers and admissions to trading regime—essentials. For information on the practical implications for debt capital markets transactions, see Practice Note: The new UK public offers and admissions to trading regime—key practice points for debt capital markets. In summary A new regulatory regime governing the public offers and admissions to trading of securities in the UK, including when a prospectus is required and the contents of such prospectus, came into effect on 19 January 2026, replacing the previous EU law-derived regime. From 19 January 2026, Assimilated Regulation (EU) 2017/1129 (the UK Prospectus Regulation), the FCA’s Prospectus Regulation Rules sourcebook (PRR)
PRACTICE NOTES
This Practice Note highlights the key elements of the new UK public offers and admissions to trading regime relevant to debt capital markets (DCM) transactions. In summary The new public offers and admissions to trading regime came into effect on 19 January 2026, replacing the EU-derived UK Prospectus Regulation (UK PR) regime. The new regulatory framework is primarily set out in the Public Offers and Admissions To Trading Regulations 2024, SI 2024/105 (the POATRs) and a new FCA sourcebook: The Prospectus Rules: Admission to Trading on a Regulated Market (PRM). For a general overview of the provisions, see Practice Note: The new UK public offers and admissions to trading regime—essentials. Most of the requirements and familiar concepts from the previous regime have been broadly carried across into the new regime, however there are changes which have significant implications for DCM transactions. New public offer architecture Requirement for a prospectus is not triggered by a public offer Under the previous regime, an offer of
PRACTICE NOTES
This Practice Note explains the required format and contents of a prospectus prepared under the UK public offers and admissions to trading regime which came into effect on 19 January 2026. It covers (1) the general content requirements of a prospectus, (2) the component parts of a prospectus as a single or multiple documents, (3) the minimum information requirements (4) the concept of incorporation by reference, and (5) the simplified disclosure regime for secondary issuances. This Practice Note focuses on the requirements most relevant to debt capital markets. In summary A new regulatory regime governing the public offers and admissions to trading of securities in the UK, including when a prospectus is required and the contents of such prospectus, came into effect on 19 January 2026, replacing the previous EU law-derived regime. From 19 January 2026, Assimilated Regulation (EU) 2017/1129 (the UK Prospectus Regulation), the FCA’s Prospectus Regulation Rules sourcebook (PRR) and certain parts of Part 6 of the Financial Services and Markets Act 2000 were