Ukraine conflict

Ukraine conflict

The Ukraine conflict has brought about a number of issues, in particular in relation to internet services and free speech, which should be considered by TMT practitioners. This subtopic compiles links to related Practice Notes, News Analysis and Q&As on the impact of the Ukraine conflict on practitioners in the TMT sector.

For an overview of the wider legal developments of the Ukraine conflict, see Practice Note: Conflict in Ukraine news & analysis—tracker.

Key TMT developments

On 29 April 2022, the Russia (Sanctions) (EU Exit) (Amendment) (No 9) Regulations 2022, SI 2022/477, came into force. These Regulations create a framework of criminal offences that can be committed by social media service providers and internet service providers where they facilitate:

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content sharing by designated persons with individuals based in the UK
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the access of internet services provided by designated people by users in the UK
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the downloading of or access to applications

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Latest TMT News

CMA publishes MoUs for digital markets regulatory coordination

The Competition and Markets Authority (CMA) has published four memoranda of understanding (MoUs) to formalise regulatory coordination with key UK authorities under the Digital Markets Competition Regime. The MoUs involve the ICO, the Bank of England and PRA, the FCA, and Ofcom. They outline collaboration frameworks for enforcing the Digital Markets Competition Regime and addressing shared responsibilities in overseeing digital markets, ensuring coherent approaches to regulation and compliance.

Commission seeks feedback on Apple's EU DMA interoperability measures

The European Commission has issued preliminary findings to Apple regarding two specification proceedings under the EU Digital Markets Act (DMA). The Commission has proposed measures for Apple to ensure interoperability of connected devices with iPhones and to enhance transparency in third-party interoperability processes. The Commission aims to enforce Apple's obligation to provide free and effective interoperability with iOS and iPadOS features, as mandated by the DMA. Two public consultations have been launched, seeking feedback on these measures until 9 January 2025.

Ofcom proposes update to general information gathering policy

Ofcom has announced a proposed update to its general information gathering policy, reflecting new processes and additional powers acquired since 2005. The regulator has stated that this policy will explain how it exercises its statutory information gathering powers under various Acts, including the Communications Act 2003 and Postal Services Act 2011. Ofcom has clarified that the policy will not apply where separate guidance exists, such as for the Network and Information Systems Regulations 2018 and the upcoming Online Safety Act 2023 powers.

The rise of dupe culture—the challenges for brand owners

IP analysis: Dupe culture is reshaping consumer behaviour, creating both challenges and opportunities for brands. By embracing innovation and engaging with consumers, brands can leverage this trend to strengthen their market position. In the face of growing demand for alternatives, the key lies in demonstrating why genuine products are worth the investment, whether through superior quality, ethical practices, or unmatched durability. Forward-thinking brands that adapt to this evolving landscape will not only withstand the rise of dupes but can thrive because of it. Written by Mark Kramer, partner, and Autumn Gibson, associate, at Potter Clarkson.