Opt-out collective actions (i.e. US-style class actions) can only be brought in the UK as competition law claims. Periodic proposals to legislate to expand this regime to consumer law claims have so far faltered. However, this is now back on the Parliamentary agenda. Several members of the House of Lords have indicated their support for
European Commission Proposes to Extend Transitional Periods for In-Vitro-Diagnostic Medical Devices
In a move that is sure to be welcomed by the diagnostics industry, on 23 January 2024, the European Commission announced proposals (Commission proposal and press release) to extend the transitional periods for certain in-vitro-diagnostic medical devices (“IVDs”) under Regulation (EU) 2017/746 (“IVDR”). This follows similar action taken by the Commission in early
California Publishes Preliminary Report on Recyclability of Materials Under SB 343
California’s Department of Resources Recycling and Recovery (CalRecycle) recently released a preliminary report analyzing data related to the recyclability of certain materials in California. The report, issued in accordance with CalRecycle’s obligations under California Senate Bill 343 (SB 343), is intended to help the public determine whether businesses may legally claim their products and packaging
ICO Launches Consultation Series on Generative AI
On 15 January 2024, the UK’s Information Commissioner’s Office (“ICO”) announced the launch of a consultation series (“Consultation”) on how elements of data protection law apply to the development and use of generative AI (“GenAI”). For the purposes of the Consultation, GenAI refers to “AI models that can create new content e.g., text, computer code,
Fourth Circuit Holds That Consumer Class Action Release Does Not Necessarily Release Personal Injury Claims
The Fourth Circuit recently reinstated a wrongful death suit against a defendant, holding that the release in a settlement of consumer class actions against the defendant did not preclude plaintiff’s personal injury suit against that same defendant. See In re Lumber Liquidators Chinese-Manufactured Flooring Prod. Mktg., Sales Pracs. & Prod. Liab. Litig., — F. 4th
Court Dismisses Lawsuits Alleging Presence of PFAS in Tampon Products
A California district court recently dismissed two lawsuits that asserted that the marketing of certain tampons was misleading due to the alleged presence of per and polyfluoroalkyl substances (“PFAS”), holding that plaintiffs could not rely on conclusory assertions regarding testing that allegedly detected PFAS in the products.
FTC on Models-as-a-Service
On January 9, the FTC published a blog post discussing privacy and confidentiality obligations for companies that provide artificial intelligence (“AI”) services. The FTC described “model-as-a-service” companies as those that develop, host, and provide pre-trained AI models to users and businesses through end-user interfaces or application programming interfaces (“APIs”). According to the FTC, when model-as-a-service
Dutch SA Sanctions Credit Card Company for Failure to Perform Data Protection Impact Assessment
In December 2023, the Dutch SA fined a credit card company €150,000 for failure to perform a proper data protection impact assessment (“DPIA”) in accordance with Art. 35 GDPR for its “identification and verification process”.
Belgian Supervisory Authority Sanctions Data Broker
On January 16, 2024, the Belgian Supervisory Authority sanctioned a data broker for violating several provisions of the GDPR. In particular, the data broker processed personal data without an appropriate legal basis and in violation of its transparency obligation.
The more than 100-page decision explains that until July 2021 the data broker collected personal data
The EU Foreign Subsidies Regulation – Enforcement expectations for 2024
The EU Foreign Subsidies Regulation (“FSR”), which creates a new screening mechanism for non-EU subsidies granted to companies doing business and engaging in certain activities in the EU, took effect on 12 July 2023, with notification obligations starting on 12 October 2023. This post looks back at the FSR’s first six months and attempts to