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  • Pages
01 Cover
02 Foreword
03 Technology
04 Is the proposed European AI Act innovation friendly
05 How is EU cybersecurity law affecting IoT product design?
06 Will mid-market tech M&A buck the trend in a downturn?
07 The rise of IP disputes in relation to NFTs
08 The new era for data regulation and what it means for the tech sector
09 Can combining digital twins and the Internet of Things unlock value?
10 Media
11 European regulators set to clamp down on 'dark patterns'
12 The streaming war intensifies with the rise of FAST
13 Building the metaverse: what can we expect in 2023?
14 How performance data is transforming the business of sport
15 How advertisers need to get ahead of the Web3 evolution and its legal ramifications
16 Communications
17 The role of the Internet of Things in the TMC race to net zero
18 Will 2023 be the year 5G private infrastructure and networks finally arrive?
19 Is consolidation in the telecoms industry in the interests of consumers?
20 Disclaimer

Foreword

Technology
The importance of software compliance in digital transformation
Is the proposed European AI Act innovation friendly?
How is EU cybersecurity law affecting IoT product design?
Will mid-market tech M&A buck the trend in a downturn?
The rise of IP disputes in relation to NFTs
The new era for data regulation and what it means for the tech sector
Can combining digital twins and the Internet of Things unlock value?
Media
Digital Services Act focuses on Big Tech ahead of EU-wide application in 2024
European regulators set to clamp down on 'dark patterns'
The streaming war intensifies with the rise of FAST
Building the metaverse: what can we expect in 2023?
How performance data is transforming the business of sport
How advertisers need to get ahead of the Web3 evolution and its legal ramifications
Communications
Space race in the telecoms industry? How satellites may change the telco landscape
The role of the Internet of Things in the TMC race to net zero
Will 2023 be the year 5G private infrastructure and networks finally arrive?
Is consolidation in the telecoms industry in the interests of consumers?

It has been a turbulent year in the technology, media and communications (TMC) sector to say the least. This time last year, we highlighted the metaverse as one of the most exciting developments for 2022 at a time when all things tech were enjoying a boom following the pandemic-driven acceleration of digital transformation. Twelve months later, things look different.

While rapid digitalisation continues across all industries, the tech and media sectors have been among those hardest hit by the impact of world economic events driven by the Ukraine crisis, the rise in the cost of living, inflation and high interest rates. Numerous large tech companies are cutting their workforces, advertising revenues are declining and tech M&A activity is slowing (although still very active). The focus of investment has become more on business efficiency than on a virtual world that depends heavily on the adoption of virtual reality headsets.

But, as ever in this sector, there is opportunity. A look at what is beneath the umbrella of "TMT" – or TMC as we call it at Osborne Clarke – reveals some very interesting developments among its multitude of market segments and layers.

Disruptors are developing new ways of exploiting data and emerging technology in response to market conditions. For example, in the broadcasting sector, we are seeing the rise of free ad-supported streaming TV, or FAST, as a means of combating the demise of the cookie and the saturation of paid-for streaming services. In the telecoms and other sectors, the combination of the Internet of Things and digital twins has started to deliver decarbonisation solutions.

As we stated in our 2022 report, digital regulation remains a big theme for our sector. Regulators are getting smart and using extensive market studies to extract information and unearth dubious practices, such as the use of "dark patterns". End users are gaining more rights and channels for complaint, and proactive regulatory obligations on service providers are coming thick and fast across Europe.

Although the wave of new digital regulation is exhausting, the legislation is designed to be more flexible than it used to be. Legislators are increasingly seeking to set out "frameworks" within which industries can adopt their own ways of combating problems. Some proposed legislation is also designed to open up the use of tech and data, not close it down.

Whether it is software compliance, artificial intelligence regulation or new legislation to open up data flows, TMC businesses need to be smart about how they spend their time and money. Effective horizon scanning has become essential.

I hope you enjoy this collection of articles from around our international firm, all of which have been chosen for their importance to the TMC sector in 2023.

Ashley Hurst International Head of Technology, Media and Communications ashley.hurst@osborneclarke.com +44 20 7105 7302

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