Insights

The nature of software

The seemingly simple question as to whether software as a service should be seen as goods or services from a legal perspective has been answered in a recent UK High Court case.

Stuart Padgham
11/12/2024

The rise of real-life stories: life story rights agreements

Documentary films and TV shows have seen a huge surge in popularity over recent years. But there are a number of legal obstacles producers face when transforming real-life stories onto our screens.

Aurelia Butler-Ball
05/12/2024

Data (Use and Access) Bill: innovation or more of the same?

This new parliamentary bill attempts to unlock the value of data in a rapidly digitising world, but does it deliver the transformative change it hoped to?

Maeve MacGlinchey
27/11/2024

The Product Regulation and Metrology Bill

A parliamentary bill that has not had much attention is seeking to reshape how the UK regulates a large number of products in the post-Brexit environment - and it may have an AI angle.

Maeve MacGlinchey
24/10/2024

AI – the UK’s current and future regulatory regime

A number of regulators have independently published guidance, reviews and consultations. However, when might we see a more uniform approach, and what might it look like?

Stuart Padgham
10/10/2024

ICO consults on controllership across the GenAI supply chain

The ICO is conducting a consultation on whether the relationship between developer and consumer of LLMs is controller-controller, joint controller, or controller-processor.

Stuart Padgham
11/09/2024

Influencer entrepreneurs: the regulator crackdown continues

When it comes to promoting another company’s products, it’s well known that influencers must clearly identify their content as an #ad. But what about content in which an influencer talks about their own business? Two recent ASA rulings shed light.

Aurelia Butler-Ball
20/08/2024

What does DORA mean for your contracting policy?

DORA introduces a requirement for in-scope financial services businesses to carry out a contractual risk assessment on important supplier contracts, meaning contractual risk needs to be addressed in a more systematic way.

Chris Bridges
07/08/2024

SOWs and technical schedules – part 3: use of language

Statements of work and technical schedules are often long-lived documents. Given you or someone else will likely need to look at them in months or years time, how do you go about making them clear?

Dan Hedley
18/07/2024

Is this the future of influencer marketing?

Social Tip plans to open up influencer marketing to the masses, rewarding everyday social media users for posting about their favourite brands. How will this work in practice, legally?

Aurelia Butler-Ball
08/07/2024

An end to the Commercial Agents Regulations?

The government is consulting on the commercial agents regulations. As one of the EU derived regulations that stand most at odds with the general approach in the UK, what might their future be?

Stuart Padgham
26/06/2024

Making sure “legal” and “commercial” contract as a team

Often lawyers will assume in the agreement that the schedules or statement of work "do" certain things, but it gets lost in communication.

Dan Hedley
18/06/2024

Statements of work and technical schedules - part 1: terminology

Statements of work and schedules are often some of the most important parts of a contract, but defined terms are often used inconsistently. How do defined terms work, and what should you look out for?

Dan Hedley
14/05/2024

What does DORA mean for UK financial services businesses?

DORA ushers in a new era of regulatory scrutiny for financial services businesses, one which requires more day-to-day scrutiny of contracts, more record keeping and more reporting.

Maeve MacGlinchey
08/05/2024

Influencer marketing: what should brands consider?

Influencer marketing is still one of the most powerful tools to boost trust and engagement in your brand – but what are the key legal issues to consider?

Aurelia Butler-Ball
24/04/2024

What blocks implementing playbooks and contract risk policies?

Inhouse counsel we speak to almost universally agree that having a playbook or risk policy for supplier contracts would be a good thing. But what is stopping them?

Chris Bridges
18/04/2024

The valuable information hidden in your business-as-usual contracts

Your BAU contracts could be hiding a wealth of management information. We show you where to look for it and how to unlock its value.

Stuart Padgham
06/02/2024

Five steps to managing risk in your business as usual contracts

Out of necessity, legal teams tend to focus on critical and higher values contracts. But in most organisations it is possible that the unreviewed contracts are collectively more valuable or risky. How do you go about managing contract risk at scale?

Stuart Padgham
17/01/2024

Every organisation’s hidden resource

From keeping their organisation secure to uncovering income-generating opportunities, in-house legal teams are a valuable business resource.

Stuart Padgham
04/12/2023

Is your project doomed to fail?

Getting user buy-in is crucial to achieving ROI, whether you’re looking at a new tool for your team to use or implementing a change that directly affects your team’s internal clients.

Chris Bridges
16/11/2023

A practical guide to augmenting your legal team with process, technology and data

Where do you start? Which activities in your team lend themselves to being augmented with process, technology and data? And how do you get from A to B?

Chris Bridges
08/11/2023

Building a firm from scratch – the blueprint

Given the opportunity to start with a blank piece of paper, we've thought very carefully about what we need to run the firm efficiently.

Chris Bridges
24/01/2023

Building a firm from scratch – why go on our own & our vision

Why we started your own firm rather than join one, and our aspirations for what Tacit Legal will feel like for our clients and our colleagues.

Chris Bridges
10/01/2023