Data, IP & Technology Disputes
What we saw in 2023
As we predicted, there were court challenges to the Information Commissioner’s (ICO) enforcement action which, in the cases of Experian and Clearview, were successful (though the ICO is seeking to challenge the Clearview decision on the territorial scope of UK GDPR through the Court of Appeal).
Increasing instances of Authorised Push Payment Fraud with hackers exploiting vulnerabilities in client’s cyber defences to re-direct payments to the hackers’ bank accounts.
Significant supply chain ransomware attacks which impacted our clients, eg Capita, which affected the pensions sector, and Zellis, which affected outsourced HR functions.
2024 trends and insights
Data Protection laws and regulations will be used by regulators to police the use of Artificial Intelligence. The ICO is already making significant noises in this respect, and we predict it will begin to at least investigate some high-profile targets in 2024.
Again, on Generative AI, there will be continued growth in litigation, particularly involving copyright infringements and deep fakes.
As part of this, similar to what we saw with peer-to-peer file sharing sites, we predict that IP rightsholders will push for a form of blocking injunction to prevent users from using AI tools that are particularly egregious in producing infringing material when prompted by users.
Client insights
"We see Generative AI as a threat in circumstances where it is being used without appropriate policies and procedures in place, for example, there are pain points such as potential loss of confidential information when using non-subscribed (free) AI services. At the same time, there are huge opportunities in relation to meeting rising customer expectations if one can bundle AI with other services. This is hampered at the moment by a lack of industry contract templates, updated to address threats and risk related to the use of Generative AI."
General Counsel IT platform provider
"We see Generative AI as an opportunity. The development and introduction of new technology might seem scary at first, but it should be embraced. We need to ensure that we can adapt to the changes around us and learn to benefit from them. New technology is exciting and will bring new opportunities as well as new challenges. Personally, I'm looking forward to seeing what happens next!"
General Counsel and Company Secretary Software support and Services Supplier
"We are excited about the possibilities that Generative AI brings and look forward to leveraging this technology to drive our company's growth and success.
We view Generative AI more as an opportunity than a threat for four main reasons: (a) it is a powerful tool that significantly enhances our business efficiency by automating certain tasks; (b) it can process vast amounts of data and produces insights that would be time-consuming and challenging for humans to generate, allowing us to streamline our operations, add value to our global solutions and lead to more informed decision-making; (c) it helps us ensure consistency in processes, meaning that we maintain a high level of quality and reliability in our services; and (d) it is used to make our responses more reliable and consistent across the organisation particularly when dealing with replies to bids and other opportunities leading to improved relationships and trust with clients and stakeholders.
While technological advancement like this comes with challenges, we believe that with careful management and regard to ethics, the benefits of Generative AI far outweigh the potential threats."
Legal and Compliance Manager ICT Infrastructure and Service Provider
Data, IP & Technology Disputes
Much of the economy is underpinned and enhanced by data, content, technology and brands. The creation and use of these enabling assets creates opportunity but can also carry significant risks.
Our team of data, IP and technology disputes lawyers have a proven track record in guiding clients to a successful resolution when issues arise.