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ICO Consultation Series on Gen AI: Second Call The ICO has launched its second call for evidence as part of its consultation series on data privacy and generative AI. The ICO’s first call for evidence covered the lawful basis for training generative AI models on web-scraped data (see our earlier blog)... “Pay or consent” models – a way forward? This week the ICO launched a call for views on the use of “pay or consent” models in the context of ad-funded online business models, many of which rely on cookies or similar tracking technologies.  Data privacy concerns around “pay or consent” models  A ... European Commission fines Apple €1.8 billion for anti-competitive App Store rules The European Commission has this week imposed a €1.8 billion fine on Apple for abusing its dominant position in the market for the distribution of music streaming apps through its App Store.  The fine, which is the culmination of a five-year investigation... The UK’s Spring Budget 2024 Perhaps unsurprisingly given the looming general election, flagship measures announced at the UK’s Spring Budget 2024 felt more focussed on individuals than, for example, during the Autumn Statement 2023 when we had several exciting corporate tax announce... Interest on pension arrears: deduction of tax on cross-border payments It is generally well understood how the UK’s withholding tax regime applies to interest paid under a loan and how PAYE (or pay as you earn) applies to pension income. The position has, however, historically been a little murkier where those two regimes co... A “missed economic opportunity”: the European Commission publishes its Digital Infrastructure White Paper On 21st February, the European Commission (EC) published a White Paper titled “How to master Europe’s digital infrastructure needs?”.  The paper’s findings and proposals follow years of feedback from industry players that the EU’s regulatory landscape mak... The Italian penalty protection regime for hybrid mismatches Italy has introduced legislation concerning the set of documentation to be prepared for hybrid mismatch cases. The new rules include a penalty protection regime, under which taxpayers that prepare a specific set of documentation can avoid the application ... Fine-tuning in international tax planning – the art of allocating head office’s management expenses to its foreign permanent establishments The Spanish Supreme Court recently ruled on the criteria to be used to allocate (part of) the general management and administrative expenses of a Spanish head office’s group to its foreign permanent establishments (PE). The question is a pivotal issue of ... Cautionary tales for privacy compliance from Hong Kong’s Privacy Commissioner At the end of 2023 Hong Kong’s Office of the Privacy Commissioner for Personal Data (PCPD) published two investigation reports with useful reminders for organisations:  Instant messaging and failure to maintain employee records Over the past five years th... DSA now fully in force As of 17 February 2024, the EU’s Digital Services Act (“DSA”) is now fully in force for all in-scope intermediary service providers. For the first set of designated very large online platforms and search engines – the so-called VLOPs and VLOSEs, the DSA h...