From AI Assurance to Design Rights: How Law Is Catching Up With Innovation

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The UK Government is consulting on updates to the Telecommunications Security Code of Practice 2022, which guides medium-to-large telecom providers on compliance with the Communications Act 2003.

The review ensures the Code reflects new and emerging cyber threats and technological developments, while clarifying how compliance should be approached.

In short, the government wants telecom providers to strengthen resilience and adapt to evolving security challenges.

For aspiring solicitors:

The National Cyber Security Centre (NCSC) has issued guidance on how traditional cyber security approaches, such as vulnerability management and public disclosure programmes, can help mitigate risks in generative AI systems.
It discusses risks like prompt injection and jailbreaking, and the value of “crowdsourced” testing by ethical researchers before public deployment.

In short, Traditional cybersecurity principles are being adapted to tackle the risks posed by generative AI tools.

For aspiring solicitors:

The NCSC has also emphasised the need for organisations to plan and rehearse cyber incident recovery. The message is clear: even with strong defences, breaches can happen.
Effective resilience planning means having response plans, regular testing, clear staff roles, and coordinated recovery efforts.

In short, Cyber resilience is as much about preparation and recovery as it is about defence.

For aspiring solicitors:

Case: Farley v Paymaster (1836) Ltd [2025] EWCA Civ 1117

The Court of Appeal rules that compensation for GDPR breaches is recoverable even for “non-material” damage, such as fear or anxiety over a potential breach, provided the fear is objectively well-founded.

Why it matters:

This case reshapes data breach litigation in the UK. Even minor or emotional impacts could now justify claims, signalling increased exposure for organisations handling personal data.

Case: EDPS v Single Resolution Board (Case C-413/23 P)

The European Court of Justice confirmed that pseudonymised data may not count as “personal data” if the recipient cannot re-identify the individual.

Key takeaways:

Relevance for the UK: Although post-Brexit, ECJ rulings aren’t binding, they often influence ICO guidance and UK courts.

The ICO published fresh guidance emphasising encryption as a key tool for data protection, covering how to store, transfer, and manage encrypted data.

Action point: Firms should review their encryption practices regularly to ensure compliance with UK GDPR security standards.

The ICO reminded SMEs to focus on data resilience, recommending strong passwords, multi-factor authentication, secure Wi-Fi, and regular backups.

Why it matters for future lawyers:

Understanding cyber risk management is crucial for advising clients on data compliance and reputational risk.

The DUAA introduces a new approach to cookie consent. Certain low-risk cookies (like analytics and functionality cookies) may no longer require consent, but users must still be informed and able to object.

Key updates:

Aspiring solicitor insight:

Expect more enforcement and advisory work in digital compliance, especially as firms assist clients with adapting to the DUAA and evolving ICO guidance.

The EU Data Act takes effect in September 2025, introducing rules to enhance data access and sharing. However, Member States must still legislate on penalties, enforcement authorities, and dispute resolution mechanisms.

Impact for commercial practice:

Businesses operating across multiple EU countries must track local implementation closely, anticipating differences in national enforcement.

Commercial takeaway: The Act creates new opportunities for innovation and data monetisation but also increases compliance complexity across jurisdictions.

The European Data Protection Board released draft guidelines clarifying how the DSA interacts with the GDPR, especially regarding content moderation, advertising transparency, and child protection online.

Consultation ends: 31 October 2025

Expect future collaboration between data protection and digital services regulators, reducing overlap and ensuring consistency.

Date: 4 September 2025

Deadline for responses: 24 November 2025

The UK Intellectual Property Office (IPO) has opened a consultation aimed at reforming and modernising the UK’s designs system. The proposals are intended to make design protection simpler, more accessible, and better suited to digital innovation, particularly for small and medium-sized enterprises (SMEs).

Key Proposals:

Why This Matters for Aspiring Solicitors

This reform could reshape the landscape of design protection in the UK, an important area for those interested in intellectual property, technology, and creative industries law.

Key takeaways:

The Online Safety Act (OSA) continues to evolve as Ofcom and the Department for Science, Innovation and Technology (DSIT) roll out new guidance and consultations.

Recent developments:

Why it matters: These developments demonstrate how the UK is taking a more proactive stance on online safety, child protection, and digital accountability. Aspiring solicitors should understand how this shapes platform liability, content moderation, and regulatory compliance.

Published: 3 September 2025

The Department for Science, Innovation and Technology (DSIT) has unveiled a trusted third-party AI assurance roadmap. Its goal: to make AI systems more transparent and trustworthy.

Key points:

Across the EU, consultation on transparency under the EU AI Act (closing 2 October 2025) invites input on how providers and deployers should inform users when they’re interacting with or exposed to AI-generated content.

Why it matters: As AI regulation matures, lawyers will play a key role in advising on compliance, governance, and risk mitigation. Understanding transparency obligations will be crucial for advising tech companies and start-ups.

Launched: 5 September 2025

The European Commission is reviewing the Chips Act to reduce reliance on non-EU semiconductor suppliers and strengthen the EU’s position in chip manufacturing.

Four areas:

Why it matters: Semiconductors power everything from mobile phones to electric cars. This initiative blends technology, trade, and competition law, illustrating how legal frameworks support strategic autonomy and innovation.

Launched: 16 September 2025
The European Commission is seeking evidence to simplify its rules on data, cybersecurity, and AI. The initiative aims to cut compliance costs and reduce regulatory overlap.

Why it matters: The “Digital Omnibus” will impact how businesses comply with overlapping regimes — a key issue for lawyers advising multinational tech clients.

Why it matters: These reviews highlight the EU’s effort to balance innovation with market fairness — a recurring theme in tech regulation that aspiring commercial lawyers should track.

Recent reports show AI regulation gaining pace worldwide:

Why it matters: AI is now central to commercial law. Lawyers must be able to navigate international regulatory differences, advise clients on compliance risks, and understand ethical implications.

Data centres are essential to the global digital economy, but they also raise environmental and legal challenges. New developments highlight increasing accountability for energy use, emissions, and treaty compliance.

Why it matters: The intersection of tech and environmental law is expanding. Future lawyers may advise on sustainability strategies, climate reporting, and ESG-compliant investments in the tech sector.

Listen to Tech Talks – Episode 7 for insights on:

Tip: Podcasts like these are great tools for improving your commercial awareness and understanding how law firms integrate technology into practice.

What it means (in plain English):

A consultation is when a government department, regulator, or authority (like Ofcom, the IPO, or the European Commission) invites the public, especially stakeholders such as law firms, companies, and trade bodies, to provide views and evidence on proposed legal or regulatory changes.

In legal practice:

Example in the context:

“Ofcom has opened a consultation on super-complaints under the Online Safety Act.”
🔍 Translation: Ofcom is asking designated organisations and possibly lawyers to comment on how super-complaints (about major online harms) should be handled before it finalises the official rules.

Why it matters for aspiring solicitors:

Thank you for reading! 😁