UK Knowledge Collection | Privilege, AI, and cyber security

A recent case in the Commercial Court has provided clarity on the application of legal advice privilege to intra-client group communications. Our Insight considers the implications of the decision, which broadens the scope of communications covered by the privilege, while leaving intact the principles established in Three Rivers on the "client group". This means that corporate organisations should still ensure they restrict privileged communications to the correct individuals.

Regulators in the UK are looking at how regulatory frameworks can help realise the opportunities of agentic AI technology in a responsible and safe way. The Digital Regulation Cooperation Forum (consisting of the Information Commissioner's Office, the Competition and Markets Authority, the Financial Conduct Authority and Ofcom) has published a paper setting out its initial thoughts. Our Regulatory Outlook looks at what this could mean for the regulation of AI generally, and for financial services specifically. Our webinar next week discusses how healthcare regulators in the EU and the UK are developing their approach to AI regulation, and what this means for life sciences and healthtech businesses operating across both markets.

AI can also have a valuable role to play in businesses' cyber security defence plans. The National Cyber Security Centre has written a blog post on how advanced AI systems, known as frontier AI models, may be used to strengthen cyber defence. Our webinar later this month considers how the new cyber security regulations in the EU and UK fit together, and their interplay with other digital regulations such as the AI Act, Data Act and Digital Operational Resilience Act.

Recent Insights

Regulatory Outlook

This month's edition includes proposals for a significant overhaul of UK product safety law, online safety and age assurance developments, and a consultation on draft regulations for the UK Carbon Border Adjustment Mechanism.
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Marketinglaw

Regulatory developments and ASA rulings including the disclosure of loot boxes in apps, "less healthy" food and drink ad restrictions, and guidance on using AI in advertising.
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Industrial relations reforms: three changes UK employers should not overlook

The Employment Rights Act 2025 simplifies recognition procedures, introduces workplace access rights and creates a duty to inform workers of their right to join a union.
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The Energy Transition | UK government lays out delivery plan for Reformed National Pricing

This week's edition covers the government's delivery plan for Reformed National Pricing and the upcoming application window for the Clean Industry Bonus ahead of Contracts for Difference Allocation Round 8.
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English Commercial Court expands application of legal advice privilege to intra-client communications

A first instance decision has clarified that legal advice privilege extends to communications within a corporate "client group" not just those involving a lawyer, provided the dominant purpose is legal advice.
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Events

Life Sciences Academy | EMA and MHRA initiatives in AI and healthtech

5 May | 16:00-17:00
As AI moves into everyday clinical and regulatory practice, regulators are adapting. The European Medicines Agency and the UK's Medicines and Healthcare products Regulatory Agency are both updating their approach to AI regulation in healthcare.
Register now >

Digital Regulation Download: the new cyber security rulebook

11 May | 14:00-15:00
How the new cyber security regulations in Europe fit together, and what this means in practice, including the NIS2 Directive, the EU Cyber Resilience Act, the UK Cyber Security and Resilience Bill and the UK Product Security and Telecommunications Infrastructure Act.
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Navigating the future of IP

16:00-16:45
A series of webinars exploring the latest trends and cases in the world of intellectual property.
12 May, 16:00-16:45: Trade mark trends
19 May, 16:00-16:45: Trade secret protection: a pan-European perspective
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London International Disputes Week 2026

Osborne Clarke's disputes team is supporting the following events at this year's global gathering of international disputes experts.
3 June, 09:00-18:30: The Arbitral Institutions Congress
3 June, 09:00-10:30: Broken contracts, broken trust: managing termination risk in international construction projects
3 June, 09:00-10:30: Crypto disputes without borders: global insights from the CFAAR Network
3 June, 11:30-13:00: International enforcement of judgments: recent developments, difficult issues and innovative strategies
3 June, 16:30-18:00: Bridging steppes and standards: Kazakhstan’s evolving dispute landscape
4 June, 09:00-10:30: Getting value from investigations: understanding essential steps and how technology is creating tangible efficiencies
5 June, 11:30-13:00: Who speaks for arbitration: arbitration in the media and public discourse
Register now >