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Digital Fitness Check and Digital Fairness Act Part 5: Unfair Contract Terms

As part of our blog series on the EU Commission’s (EC) Digital Fairness Fitness Check and a potential new EU legislative proposal, the Digital Fairness Act, we recently took a closer look at ‘Social…

Author(s): Tobias Timmann, Lutz Riede, Natalie Pettinger Kearney, Oliver Talhoff, Matthias Hofer

  • eu digital fairness series
  • eu digital strategy
  • e-commerce

Risen from the Ashes: FIDA trilogue set to move forward

The EU is committed to bringing the wider financial sector into the digital age. To this end, it has proposed a new framework for secure and open access to customer data across a broader range of…

Author(s): Natalie Pettinger Kearney, Jimena Gonzalez, Elisabeth Schemmer, Daniel Klingenbrunn

  • data
  • eu digital markets act
  • eu digital strategy
  • european data spaces
  • financial services
  • fintech
  • regulatory
  • regulatory framework

EU AI Act unpacked #24: European Commission releases critical AI Act implementation guidelines (Part 2) - Prohibited AI Practices

On 4 February 2025, the European Commission published guidelines on prohibited practices under the EU’s AI Act (the Guidelines). These Guidelines provide the Commission’s interpretation of the…

Author(s): Jérôme Philippe, Christoph Werkmeister, Lutz Riede, Theresa Ehlen, Davide Borelli, Laéna Bouafy, Philipp Roos, Julia Utzerath, Isabella Oldani, Valentina Scolari

  • ai
  • eu ai act
  • eu ai act series

EU AI Act unpacked #23: European Commission releases critical AI Act implementation guidelines (Part 1) - Definition of AI systems

The European Commission has taken a significant step forward in clarifying the EU AI Act by releasing new implementation guidelines in early February 2025. These guidelines specifically address two…

Author(s): Jérôme Philippe, Christoph Werkmeister, Lutz Riede, Theresa Ehlen, Davide Borelli, Philipp Roos, Laéna Bouafy, Julia Utzerath, Isabella Oldani, Valentina Scolari

  • ai
  • eu ai act
  • eu ai act series

Data meets competition: fostering cooperation between the ADLC and the CNIL

As you browse the internet, you may notice an increasing number of tech companies promoting their ‘privacy-friendly’ services. This shift toward personal data protection has also caught the eye of…

Author(s): Estella Dannhausen, Jérôme Philippe, Thomas Retière, Laéna Bouafy, Elaine Pajeot

  • antitrust and competition
  • data protection
  • eu digital markets act
  • eu digital strategy

EU AI Act unpacked #22: Key considerations for employers as deployers vs. providers under the EU AI Act

The EU AI Act introduces a new regulatory framework that distinguishes between, among others, deployers and providers. Employers will typically assume the role of deployers when using AI systems to…

Author(s): Satya Staes Polet, Raquel Flórez, David Mendel, Leonhard Prasser, Hubertus Reinbach, Flavia Lang, Brunhilde Van Den Haute, Olga Chislova, Matteo Tola, Guy Huffen, Marina Sokolova, Blaise Nsenguwera

  • ai
  • employment
  • eu ai act
  • eu ai act series

BSH v Electrolux: long-arm jurisdiction of EU member state courts for cross-border injunctions in patent litigation

Today, the ECJ issued the long-awaited judgment in BSH v Electrolux. As expected in our last post, the court has taken a major step to clarify the approach to patent infringement actions in the EU.…

Author(s): Eva Acker, Corin Gittinger, Allard van Duijn

  • patent litigation
  • intellectual property

Ransomware? Beware! Government launch consultation on new regime

The Government has now launched its consultation (the Consultation), which proposes an ‘entirely new approach’ to ransomware, aimed at ‘disrupting the business model of the ransomware gangs’. The…

Author(s): Rhodri Thomas, Giles Pratt, Rachael Annear, Christine Simpson, Tochukwu Egenti, Sunil Singh

  • cyber security
  • data
  • data protection
  • ico
  • uk

The rise of audits as a regulatory tool for tech

As technology evolves, so do challenges in effectively regulating it. In an era where there is increasing focus on effective oversight of digital platforms, legislators are turning to audits as a…

Author(s): Janet Kim, Matthew Bruce, Lutz Riede, Tristan Lockwood, Fiona McHugh, Florentine Schulte-Rudzio, Bhavya Sharma

  • data
  • eu ai act
  • uk
  • us
  • regulatory framework
  • regulatory
  • eu digital services act
  • eu nis2 directive
  • platforms

Will cross-border injunctions become the norm in European patent litigation?

European courts have taken different approaches to cross-border injunctions in patent cases for many years, despite the harmonising jurisdictional influence of the Brussels and Lugano Conventions and…

Author(s): Eva Acker, Corin Gittinger, Allard van Duijn

  • patent litigation
  • intellectual property

Getty v Stability AI – Green light given for representative action under CPR 19.3

The High Court has now ordered that Getty Images (Getty) may pursue its claim against Stability AI (Stability) as a representative action on behalf of individuals who were a party to specified…

Author(s): Emma Probyn, Christine Simpson, Phoebe Campbell, Dr. Christopher Stothers, Alexandra Morgan

  • ai
  • intellectual property
  • litigation

Data Act: Commission issues updated FAQ

To aid in the implementation of the EU Data Act, the European Commission has released a set of frequently asked questions (FAQ). For a concise overview of these FAQs, refer to our previous blog post.…

Author(s): Gernot Fritz, Estella Dannhausen

  • consumer
  • data
  • data protection
  • eu data act
  • europe
  • internet of things
  • manufacturing
  • eu digital strategy
  • regulatory
  • regulatory framework
  • tech media and telecoms

Lights, Cameras, AI Action

Energised by our attendance at the recent Tortoise Responsible AI Forum, Paris AI Action Summit and City & Financial AI Regulation Summit, the international Freshfields AI team looks at five key…

Author(s): Rachael Annear, Beth George, Natasha Good, Giles Pratt, Laéna Bouafy

  • africa
  • ai
  • americas
  • asia-pacific
  • data
  • eu ai act
  • europe
  • innovation
  • tech media and telecoms
  • us
  • political change

The Responsible AI Forum 2025: Companies are facing growing regulatory and litigation risks over the use of AI, and not just from the new laws grabbing the headlines

Freshfields is a Knowledge Partner on the Responsible AI Forum 2025, hosted at Spencer House by Tortoise Media, in partnership with the Rothschild Foundation. The Responsible AI Forum sets out an…

Author(s): Giles Pratt

  • ai
  • asia-pacific
  • data
  • eu ai act
  • europe
  • intellectual property
  • us
  • political change

EDPB Opinion: Accountability of controllers in data processing chains

In today’s digital landscape, organisations heavily rely on third-party service providers for processing personal data. These service providers, e.g. cloud service or software providers, often engage…

Author(s): Christoph Werkmeister, Philipp Roos, John-Markus Maddaloni

  • data protection
  • gdpr
  • europe

German Election #2: Digital Policies in the 2025 Election Campaign – How Germany’s Political Parties Want Germany to Catch Up on Digitalisation

On 23 February 2025, almost 60 million German voters will elect a new federal parliament in snap elections after the collapse of the governing coalition of Chancellor Olaf Scholz's Social Democrats…

Author(s): Alex Schmidtke

  • 2024 elections
  • ai
  • cyber security
  • data
  • data protection
  • eu ai act
  • eu cyber resilience act
  • eu data act
  • eu data governance act
  • eu digital markets act
  • eu digital strategy
  • eu nis2 directive
  • europe
  • political change

EU AI Act unpacked #21: The AI Act starts biting – AI literacy and prohibited practices rules now in effect

The first substantive parts of the EU’s AI Act are now binding on businesses in the EU – and beyond.  Although most of the new law’s obligations will start to come into effect on 2 August 2026, the…

Author(s): Lutz Riede, Christoph Werkmeister, Theresa Ehlen, Mark Egeler, Verena Kirchmair, Sam Kloosterboer, Julia Utzerath

  • ai
  • eu ai act
  • eu ai act series

Polish proposal on CSAM delays decisions on content scanning

Negotiations on the EU’s regulation to combat the dissemination of child sexual abuse material (CSAM) online have been stalled in the Council for some time. Previous drafts proposed mandatory…

Author(s): Christoph Werkmeister, Elena Brandt, Max Grewe

  • data
  • europe
  • platforms
  • political change

Getty v Stability AI: Class definitions in representative claims under the lens

The High Court has rejected a proposed representative action brought by Thomas M. Barwick, Inc (Barwick), on behalf of c.50,000 photographers who have exclusively licensed their copyright works to…

Author(s): Dr. Christopher Stothers, Emma Probyn, Christine Simpson, Alexandra Morgan, Phoebe Campbell

  • ai
  • intellectual property
  • litigation

2025 Transnational Litigation Trends

Below is a link to our anticipated 2025 Trends in Transnational Litigation, which examines several pivotal developments poised to shape cross-border disputes in the year ahead. We delve into the…

Author(s): Timothy Harkness, Amella Viso, Taylor Jachman, Paloma Palmer

  • litigation
  • ai
  • data protection
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