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BlackRock revisited: what is the purpose of the “unallowable purpose” rule? That might sound like a strange question, but it lurks just beneath the surface of the Upper Tribunal’s keenly-awaited decision in BlackRock which is the latest instalment in a series of “unallowable purpose” cases including Kwik-Fit and JTI. The case...
A “background hygiene factor”? The UKIPO publishes its study on IP and investment in AI In its recent study on IP and investment in AI, the UK Intellectual Property Office (“UKIPO”) considered the extent to which the UK’s IP framework influences decisions on UK investment in AI. Ultimately, the study found that the UK’s IP framework is...
Introducing the UK’s Data Protection and Digital Information Bill “Through this Bill we will realise the opportunities of responsible data use whilst maintaining the UK’s high data protection standards.” This was how the new Minister for Media, Data and Digital Infrastructure, Matt Warman MP, framed the new Data...
Crypto winter, regulatory spring Until not so long ago, lawyers like me would have to trawl the internet for a whispered mention of crypto from a regulator, and it took quite a long time to explain my interest in the subject at a dinner party. Now, it is difficult to go more than a few...
PSD2: EBA publishes its final guidelines on the limited network exclusion The second Payment Services Directive ((EU) 2015/2366) (“PSD2”) introduced an exclusion from its scope for services based on specific payment instruments that can be used only in a limited way. Payment instruments that might benefit from the limited...
Succeeding by Design: Government considers changes to UK designs system The UKIPO has published its response to its Call for Views on the UK’s designs system. Although the UKIPO has provided no firm policy proposals or concrete conclusions on the questions raised, the consultation and related responses cover a number of...
Is the NIS regime working? Changes proposed in new review This month, the Government published its second post-implementation review of the 2018 Network and Information Systems (‘NIS’) Regulations. The NIS regime is designed to help protect the UK, and in particular certain essential services (hospitals, energy,...
UK diverges from EU on new plans for AI regulation The 18th July was a busy day for AI in the UK. As well as publishing the Data Protection and Digital Information Bill, which includes AI measures, the UK Government published: a new AI policy paper which outlines its proposed approach to regulating AI in...
Crypto winter, regulatory spring Until not so long ago, lawyers like me would have to trawl the internet for a whispered mention of crypto from a regulator, and it took quite a long time to explain my interest in the subject at a dinner party. Now, it is difficult to go more than a few...
Energy (Oil and Gas) Profits Levy Act 2022 The one-week consultation left little time to comment on the draft legislation for the Energy (Oil and Gas) Profits Levy (the Levy) which applies to certain profits of oil and gas companies from upstream activity in the UK and on the UK Continental Shelf...