5th December 2025
“Welcome to the December 2025 edition of our Technology & Digital round-up. This month we’re looking at CMA enforcement action, generative AI liability, and Ofcom fines under the Online Safety Act.”
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Here’s your top stories for December.
The Competition and Markets Authority (CMA) has launched a major consumer protection initiative targeting unfair online pricing practices under the new Digital Markets, Competition and Consumers Act 2024 (DMCCA). Following a review of over 400 businesses across 19 sectors, the CMA identified concerns about tactics such as drip pricing (adding mandatory fees late in the purchase process) and misleading countdown timers; both tactics being banned under the new regime.
As part of its enforcement drive, the CMA has:
This marks the first enforcement action under the DMCCA, aimed at ensuring consumers see accurate prices and genuine offers when shopping online. Businesses selling online must urgently review pricing practices to ensure compliance with the DMCCA. Failure to provide transparent pricing or engaging in banned tactics could result in significant financial penalties and reputational damage.
The Getty Images v Stability AI judgment, delivered on 4 November 2025, is one of the first UK rulings on intellectual property issues involving generative AI. Getty alleged copyright and trade mark infringement by Stability AI’s Stable Diffusion models. Getty’s secondary copyright claims failed because the models do not store or reproduce copyrighted works, meaning they were not “infringing copies” under the Copyright, Designs and Patents Act 1988.
However, Getty succeeded partially on trade mark infringement as some older model versions generated images with iStock watermarks, breaching sections 10(1) and 10(2) of the Trade Marks Act 1994. The case highlights key challenges for rights holders and developers; however, it leaves unresolved whether training AI on copyrighted material constitutes infringement, signalling that legislative intervention may be required.
“This judgment underscores the complexity of applying existing IP laws to generative AI technologies. While the court clarified that model training does not automatically amount to copyright infringement, the partial success on trademark claims signals that developers must remain vigilant about outputs. The unresolved question of whether training on copyrighted material breaches the law suggests that legislative reform may be inevitable.”

Ofcom has fined Itai Tech Ltd £50,000 for failing to implement effective age checks on its nudification site, Undress.cc, in breach of the Online Safety Act 2023. An additional £5,000 penalty was imposed for not complying with a statutory information request. The Act requires robust age assurance, such as verification or estimation, to prevent children from accessing pornographic content. Ofcom’s enforcement programme has also launched investigations into 20 more adult sites operated by five companies, prioritising those posing the greatest risk of harm.
Ofcom has also provided an update on its investigation into an online suicide forum under the UK’s Online Safety Act 2023. Although the forum initially blocked UK IP addresses in July 2025, evidence from Samaritans revealed that UK users could still access the site via a mirror domain until early November.
Ofcom verified this and expressed concern that the forum’s geoblocking measures were ineffective or inconsistently maintained. Ofcom reiterated that services must maintain access restrictions and avoid promoting circumvention methods.
“These enforcement actions demonstrate Ofcom’s determination to hold online services accountable under the Online Safety Act. Age assurance is not optional – it is a legal requirement to protect children from harmful content. Companies that fail to implement robust checks or attempt to evade compliance should expect significant penalties and ongoing scrutiny.”

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“People across the UK deserve a fair deal. Whether you’re buying tickets, booking driving lessons, or signing up for a gym, you should know exactly what you’re paying upfront. Alongside helping businesses comply, we will take swift action where we suspect serious breaches. This is just the start -any business breaking consumer law should be in no doubt that we will stamp out illegal conduct and protect consumers and fair-dealing businesses.”
– Luke Jackson, Director, Commercial