Foreword

Foreword
Who would have thought at the beginning of 2023 that generative AI was going to come crashing into our lives in the way that it did last year? Our 2023 Annual Review certainly didn't predict that, though to be fair our coverage of the EU AI Act was ahead of most of the market. This year, artificial intelligence will continue to be a major theme in the technology, media and communications (TMC) sector and our 2024 Annual Review reflects that. But there are plenty of other exciting developments to keep us all on our toes.
In the AI space, there has been a growing understanding of the intellectual property, bias and accuracy risks associated with generative AI. However, wider AI issues are also arising, not least in the areas of sector-specific regulation, consumer protection, open-source software and the impact on contracts and standard industry positions. Different industries, including media, entertainment, sports and telecoms are facing distinct challenges as a result of this new technology. Litigators are gearing up for different waves of AI-related disputes.
The explosion of interest in AI has also been one factor underpinning the comparative resilience of the TMC M&A market globally – particularly in the mid-market. This has added to already strong levels of deal activity in areas such as managed services and IT services, SaaS (software as a service), unified comms and cybersecurity – areas that we expect to remain hot in 2024. However, corrections in valuation multiples in many territories have made TMC M&A more of a buyer's market than in previous years. Increased regulatory burdens under foreign direct investment, foreign subsidies and merger control regulations have also led to increased complexity and uncertainty for many tech transactions.
More generally, the pace of new digital regulation continues to be dizzying. Many platforms and other tech businesses have been struggling to keep up with the onslaught of new legislation, codes and regulatory guidance. In the EU alone, new obligations under the Digital Services Act, the Digital Markets Act and the Data Act, among other laws, have required significant compliance and readiness work for many. Further new legislation such as the EU AI Act and the UK's Online Safety Act will only add to that burden. "Digi reg" lawyers are in demand as never before and businesses are having to make tough choices as to which compliance requirements they prioritise.
We also expect "digital inclusion" to be a key theme for the coming year, as governments and businesses look to unlock the widest possible benefits of technology and avoid leaving behind those who are digitally excluded. Connectivity will be a significant part of that, and there is a growing need for governments worldwide to support 5G and fibre infrastructure investment with appropriate intervention.
I hope you enjoy this collection of articles from our close-knit international team, all of which have been chosen for their importance to the TMC sector in 2024 and beyond.
Nick Johnson Partner, International Head of Tech, Media & Comms nick.johnson@osborneclarke.com