Guidance for key emerging technologies, such as AI, NFTs, the Metaverse and autonomous vehicles, explaining both how the technologies work and the key legal regimes (existing and new) that apply to their operation.
Core content for all TMT lawyers, this topic contains key 'go-to' precedents and practice notes at the route of most TMT related issues. Some of most popular areas are the software and cloud computing topics.
Our content covers simple outsourcing transactions as well as those with a more complex structure, and the impact of hyperscalers and recognised market practice relating to the negotiation and drafting of affected terms.
Whether you're advising on adtech, cookies or NFTs, Lexis+® TMT has the know-how and tools to help you succeed.
Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the...
The European Commission has published an overview of projects funded under the Digital Europe Programme (DEP) in support of its Data Union Strategy,...
MLex: The EU's latest attempt to reduce cookie banners has stalled as lawmakers struggle to balance consumers' demands for fewer consent requests,...
The Competition and Markets Authority (CMA) has launched consumer protection investigations into Trainline, Virgin Atlantic and RED Driving School...
MLex: Temu companies PDD Holdings and Whaleco Technology have appealed against the European Commission's €200 million fine for failing to properly...
This Practice Note looks at the key definitions and terms used to describe platform solutions and gives an explanation of the common types of platform...
This Practice Note is based on the UK General Data Protection Regulation (UK GDPR) and consent guidance published by the Information Commissioner’s...
This Practice Note is intended for private-sector commercial organisations in the UK. It sets out expectations of the Information Commissioner’s...
This Practice Note considers the key employment law issues which may arise when drafting and negotiating outsourcing arrangements, focusing in...
IntroductionThis Practice Note provides a negotiation guide for IT contracts, covering topics relevant to IT services (from support to full...
[Postal address for hosting service provider/host online platform][Date]By registered post and email: [email address for hosting service provider/host...
This Agreement is made on [date] (the Commencement Date)Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under...
This Agreement is made on [date]Parties1[insert name of supplier company] a company incorporated in [England and Wales] under number [insert...
This Agreement is made on [date]Parties1[Insert name of supplier company], a company incorporated in [England and Wales] under number [insert...
This Agreement is made on [date]Parties1[insert name of customer company] a company incorporated in [England and Wales] under number [insert...
Reputational damage claims—alternative causes of actionThis Practice Note considers the relationship between causes of action for reputational damage...
DefamationThe tort of defamation is governed by a mixture of statute and common law. The relevant statutory law is contained in:•the Defamation Act...
Software escrowIntroductionEscrow is the process of two or more parties placing property or instruments in the hands of a trusted third party (an...
Defamation—limitationThe ordinary time limit for defamation and malicious falsehood claimsA claimant must commence a claim for defamation within one...
Defamation and malicious falsehood—publicationThis Practice Note examines the role of publication in an action for defamation or malicious falsehood....
Defamation—defencesDefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act...
Malicious falsehoodThis Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no...
Defamation and social mediaThe internet and, in particular, social media is a high risk area for defamation litigation. Content posted on blogs,...
Websites—compliance requirementsConsideration of electronic data interchange (EDI) arrangements, blockchain, smart contracts or sector-specific laws...
DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
Notice and take-down letter—defamationAddress of Website OperatorDear [insert organisation name]Notice and take-down letterWe act for [insert client...
Using framework agreements for servicesFramework agreements (sometimes referred to as master services agreements) are essentially umbrella agreements...
Copyright in films and television programmesFor the purposes of copyright law the term 'film' means a recording, on any medium, from which a moving...
Television format rightsWhat is a television format?A television format is a concept or idea for a television programme or series of programmes...
AI washing describes the practice of presenting a product, service or business process as using artificial intelligence, or as more sophisticated than it is, in a way that may mislead regulators, investors, customers or other stakeholders. It is a descriptive expression rather than a defined legal term in UK or Irish legislation or case law, but is increasingly used in regulatory, commercial, financial services and technology law contexts across England & Wales, Scotland, Northern Ireland and Ireland.
In legal practice, AI washing commonly arises in relation to misleading advertising, consumer protection, unfair commercial practices, investor disclosures, prospectuses, due diligence, competition law and regulatory reporting (including to financial and data protection regulators). It may involve overstating AI capabilities, implying use of “generative AI” where tools are rules-based, or suggesting higher levels of automation, accuracy or safety than can be substantiated.
AI washing can give rise to civil, regulatory and, in some circumstances, criminal liability under existing misrepresentation, fraud, market abuse and consumer protection regimes. Legal advisers should scrutinise AI-related claims, disclaimers and technical documentation and ensure they are accurate, verifiable and consistent with actual system design and deployment.
A source-code based software interface or intermediary that allows applications or software components to communicate with each other and defines the way in which an application will interact with other software and share data.
An agreement in which a publisher is granted rights to print and/or publish a proprietor’s work in printed format and potentially also in certain subsidiary rights such as audio and electronic formats.