Archive: September 2025
Subscribe to September 2025California’s Transparency in Frontier Artificial Intelligence Act
September 30, 2025
California has enacted the Transparency in Frontier Artificial Intelligence Act (Cal. SB 53).
Relief from relief: making handling relief events easier and more collaborative
September 29, 2025
Relief events clauses are included as standard provisions of most technology implementation, outsourcing and services contracts. Under such provisions, the supplier is relieved of its obligations if or to the extent that its failure to comply with contractual requirements is caused by the customer.
Liability 101: Liability clauses in technology and outsourcing contracts
September 24, 2025
Liability is often a contentious topic (and typically the last provision to be agreed) in a technology or outsourcing contract negotiation.
Opt-out signals: A small setting with big consequences
September 19, 2025
Opt-out signals are now a cornerstone of modern privacy. These browser-based or device-level mechanisms tell companies not to ”sell” or “share” personal data to third parties.
Banks outsourcing to the cloud: The economic drivers and regulatory implications
September 15, 2025
The financial services sector is becoming increasingly reliant on cloud service providers (CSPs) to fulfil its growing data processing and storage needs. Financial services providers in the United States have reportedly had the highest levels of adoption, operating 54 percent of their workloads in the cloud; and according to the European Central Bank, banks spent 13.5 percent more on cloud outsourcing in 2024 than in 2023.
German Federal Court of Justice decision in Sony v. Datel: Its implications for gaming, cheat tools and EU software copyright law
September 10, 2025
Cheat software has long been a thorn in the side of game publishers. But does it also constitute a copyright infringement? In a landmark decision, issued on July 31, 2025, the German Federal Court of Justice (BGH) ruled that cheat tools that merely manipulate in-game variables in RAM - without altering the program code - do not violate software copyright under EU law.
Another contract remediation exercise for EU financial entities?
September 10, 2025
The European Banking Authority (EBA) is currently consulting on its draft guidelines on the sound management of third party risk (Draft Guidelines), which are intended to replace the 2019 guidelines on outsourcing arrangements (2019 Guidelines).
Thailand’s draft AI law: A new era for governance and innovation
September 10, 2025
Thailand is advancing its efforts to establish a national, comprehensive framework for artificial intelligence, with new draft legislation currently under consideration.
Bartz v. Anthropic: Settlement reached after landmark summary judgment and class certification
September 05, 2025
Plaintiffs say Anthropic used pirated e-books for Claude LLMs.
Pseudonymised data could fall outside data protection law: introducing the “means reasonably likely” assessment
September 04, 2025
The Court of Justice of the European Union (CJEU) has delivered its judgment on case C 413/23 P European Data Protection Supervisor (EDPS) v Single Resolution Board (SRB). The CJEU has confirmed that pseudonymised data will not be personal data in all cases. This will be a welcome confirmation for innovative uses of data, including AI models.