The Collective Quarterly ISSUE 06 JUNE 2025 Welcome to the second issue of The Collective Quarterly for 2025 In our latest edition we explore how artificial intelligence is reshaping industries – from healthcare to the creative economy. At the heart of our coverage is The AI Agenda conference, where leaders from the legal, creative, and technology sectors came together to discuss how AI is already reshaping the way we work, create, and make decisions. The event highlighted the need for clear procurement practices, strong governance, and legal clarity around AI-generated content. While AI offers speed and scale, speakers emphasised the irreplaceable role of human creativity in building authentic connections. In workplace discussions, the emphasis was on ethical oversight, especially in recruitment, while regulatory panels stressed the importance of transparency and forward planning. We also spotlight the UK’s booming personalised medicine and MedTech sector, where innovation is driving tailored healthcare solutions – alongside complex challenges in data privacy and compliance. Meanwhile, creators are using AI and fintech to bypass traditional funding barriers, fueling a fast-growing, tech-driven economy. In “Innovating with integrity” we explore the increasingly divergent approaches to AI regulation across the EU, UK, and US, while highlighting universal themes such as transparency, accountability and human oversight. Across all sectors, one message stands out: the future lies in thoughtful collaboration between humans and machines. As we navigate this evolving digital landscape, authenticity, fairness, and accountability remain essential. Enjoy reading. thecollectivebyls.com [email protected] IDEAS AND INSIGHTS. SHARED. The Collective by Lewis Silkin Jo Farmer Joint Managing Partner Lewis Silkin Francesca Ainsworth Partner Lewis Silkin Kirsten Fosbury Content and Campaigns Manager Lewis Silkin Alan Hunt Partner Lewis Silkin Stephanie Kay Managing Associate Lewis Silkin Duran Ross Partner Lewis Silkin Joanna de Fonseka Legal Director Lewis Silkin The AI Agenda Understanding what you’re buying: navigating AI procurement AI procurement and contracting present unique challenges. The first session emphasised the importance of clearly defining the intended use of AI and understanding the data it relies upon. Lewis Silkin’s technology lawyers – Rory Campbell and Roch Glowachi, alongside experts from Luminance and BT Group, highlighted the need for clarity of purpose and data quality. While private practice lawyers tend to focus on risks and indemnities, in-house counsel are more concerned with how AI integrates into daily operations. AI is not “just another piece of technology”; it demands thorough due diligence and bespoke contracts. The panel also underscored the necessity for market agility, robust governance, and ongoing assurance to ensure AI delivers genuine value in practice. Read more on Understanding what you are buying: AI procurement At Lewis Silkin’s recent conference, The AI Agenda, experts from the legal, technology, and creative sectors shared their perspectives on best practices, risks, and opportunities in the rapidly evolving AI landscape. From the outset, it was clear that AI is not a distant prospect – it is already transforming how we work, create, and make decisions. AI and creative work: rights, risks and rewards AI and creative work explored the delicate balance between safeguarding human input and fostering innovation within the creative industries. Experts from adam&eveDDB, Axate, and UCL joined Lewis Silkin’s Oliver Fairhurst to discuss the legal complexities surrounding AI-generated content and the application of copyright frameworks. Human creativity was celebrated as irreplaceable, especially where meaningful audience engagement is crucial. Nevertheless, AI offers significant efficiency and scalability. The panel illuminated the complexities of copyright ownership, noting that many creators do not always control the rights to their work. Ultimately, the panellists advocated for a collaborative approach, involving transparent licensing structures and improved identification of contributors to ensure fair compensation and sustainable industry practices. Read more on Gen AI and creative work: rights, risks, and rewards AI and workplace decision-making The discussion on AI in workplace decision-making examined how AI can accelerate hiring processes while mitigating bias and compliance risks. The key takeaways were the importance of selecting appropriate tools, ensuring data integrity, and maintaining transparency with candidates regarding AI use. Human oversight remains essential; critical thinking should not be replaced by blind reliance on AI recommendations. The panellists from Lewis Silkin – Tarun Tawakley, Ali Vaziri and James Davies along with Hoistic AI also stressed the need for regular reviews of recruitment processes to identify hidden biases, avoid unfair algorithms, and establish clear, ethical policies. By addressing privacy concerns and adhering to local regulations, organisations can leverage AI in hiring without compromising fairness or trust. Find out more: Top Tips for using AI in recruitment Innovating with integrity: AI regulatory strategies The final session focused on the varied approaches to AI regulation and governance across the EU, UK, and US, ranging from formal legislation to guidance-led and pro-innovation frameworks. While this diversity poses challenges for multinational organisations, speakers from Lewis Silkin – Bryony Long and Alex Milner-Smith and the Information Commissioner’s Office agreed on several universal principles: transparency, accountability, and human oversight. They also highlighted the importance of impact assessments, regular monitoring, and involving employees or unions to ensure compliance. Open dialogue with regulators, proactive planning, and broad training in AI fundamentals were encouraged. Establishing robust governance structures early will better position businesses to adapt as new regulations emerge. Read the full article overleaf: Innovating with integrtity – AI regulatory strategies The AI Agenda underscored the necessity of a thoughtful, collaborative, and ethical approach to harnessing AI’s potential while managing its risks. What stood out most was the openness – experts, creatives, and legal professionals coming together to share practical, actionable strategies for unlocking real value from AI. Whether navigating legal frameworks, developing technology, or creating content, the message was clear: now is the time to engage. Reimagining creativity: virtual talent, tech and the new age of storytelling Reimagining creativity in this new era of AI felt more like an opendoor invitation than a traditional panel discussion. Ben Field (Deep Fusion) and Phil Hughes (Lewis Silkin) explored the rise of virtual talent – from digital actors to synthetic influencers – urging us to consider not just what AI can do, but what it should do. Ben shared insights from Gerry Anderson: A Life Uncharted, stressing the need for ethical guidance in AI projects. The session tackled issues like authentic representation, fair creator compensation and how AI reshapes the meaning of “craft”. Ultimately, the speakers emphasised that trust – among developers, audiences, and creatives – is key to a future where AI and human creativity thrive together. Read more on Reimagining creativity: virtual talent, tech and the new age of storytelling Innovating with integrity – AI regulatory strategies The AI Agenda, our flagship AI conference brought together Lewis Silkin’s Co-Heads of Data, Privacy & Cyber, Alexander Milner-Smith and Bryony Long, along with Sophia Ignatidou, Group Manager for AI Policy at the Information Commissioner’s Office, for an interesting discussion on global AI regulation and AI governance strategies. With the landscape of AI regulation rapidly evolving around the world we are starting to see a greater divergence in approach. The EU has taken a statutory line with the EU AI Act. In the UK, a sectoral, guidance based approach is favoured. Although AI legislation for the most advanced AI models was included in the King’s Speech in July 2024, no Bill has materialised and the UK has shifted its focus to the AI Opportunities Action Plan, with the aim of maintaining the UK’s position in the global AI market by building infrastructure, upskilling the workforce and investing in AI. Meanwhile in the US, the new administration has signalled a change in approach with an Executive Order in January 2025, emphasising innovation and competition. This was followed by two memos in April 2025 aimed at streamlining AI use and procurement processes in the federal government, then came the Executive Order on AI Literacy to “cultivate the skills and understanding necessary to use and create the next generation of AI technology” . The panel discussed the latest proposal by the Trump Administration, a ten year moratorium on state level AI buried in Sec. 43201(c) of the One Big Beautiful Bill Act (OBBBA), if this becomes law all US states would be blocked from enforcing laws regulating AI and automated decision systems for the next decade. What will this mean for the New York City’s local law on automated decision making in employment, Illinois’ AI Video and Interview Act or even Colorado’s AI Act? Will this be a monumental moment triggering a substantive shift in global AI regulation, or will the proposals fail or be removed from the final legislation? This is one to watch! This pro-business, deregulatory stance in the US has created a ripple effect – innovation, competition and economic rewards are now the drivers in the US and other countries seem to be following suit. This divergence in regulatory approaches presents challenges for multinational organisations. That said, the panel went on to discuss common themes in AI regulation around the world, namely: * Consultation about use of AI – many jurisdictions, e.g. Germany, have a requirement to consult with employees/ unions about the use of workplace AI systems. * Accountability and governance – what are the specific roles, frameworks, policies or reporting structures required to manage the use of AI? What existing structures can you use/adapt/expand? * Impact assessments – what are the requirements to undertake impact assessments prior to use? Multinational businesses will have a lot to build on through their DP frameworks and risk assurance programmes. In the UK, we are very fortunate in that the ICO has been proactive in the AI regulatory space, providing practical key resources for compliance, access to a regulatory sandbox, collaborating with the Digital Regulation and Co-operation Forum through the AI and Digital Hub and other initiatives and undertaking voluntary audits where a collaborative approach is taken so companies can get it right. The ICO wants to build relationships with industry and ensure the right behaviour. Of course enforcement is always an option should it be needed but meaningful engagement, good governance and genuine attempts to do the right thing are recognised, * Auditing and monitoring – what steps are required to ensure that the AI system is safe to use? This is jurisdiction agnostic – you need to ensure any hallucinations are dealt with and that there is no model creep, while it was acknowledged it can be difficult to get businesses to focus on the essential continual loop. * Transparency and explainability – what level of openness is required about the use of AI and/or how the system’s decisions are reached? Following the ICO Gen AI consultations and outcomes report this is one of the areas that the UK regulator knows is challenging and one where companies often fail to get the balance right. Allowing data subjects’ to exercise their rights is essential and the ICO in its bid to support innovators is open to collaborating with companies to resolve such issues. * Human oversight and intervention – what human involvement is required? We’ve had Article 22 of the GDPR/UK GDPR for a number of years and there are other laws around the world on automated decision making – what lessons can we learn from existing governance frameworks that have already had to address such issues? * Contestability – are measures required to enable an individual affected by an AI decision to be able to challenge it effectively? e.g. your Data Protection Impact Assessment (DPIA) should be a robust, well considered assessment that genuinely identifies the risks and the mitigations put in place to manage them. The ICO is also working on an AI and Biometrics Strategy – more on that over the Summer – and an AI and automatic decision making statutory code of practice which is a longer term project but with opportunities for businesses to engage and help shape the regulator’s thinking in this area. Looking to the future, the panel acknowledged it was challenging to future-proof AI governance frameworks companies are putting in place now but agreed an anticipatory approach is the way forward, i.e. getting the right people involved (and supporting them through upskilling) to be part of a multi-disciplinary team to address AI governance, robust internal AI policies for employees and, perhaps most important of all, agree on a way forward! Don’t over-simplify but don’t slow things down by involving the whole organisation. Make sure you empower your people – invest in AI literacy – it will help your employees to feel interested, excited and able to spot opportunities, rather than being uncertain or not wanting to engage. Taking this sort of approach also has the added benefit of building a responsible AI culture. Personalised medicine and MedTech ❝ The idea of personalised medicine, tailored to your DNA. The hope of treating diseases that we once feared incurable. The ability to predict and prevent illness long before it strikes. Think of the lives that will save. – Prime Minister Keir Starmer ❞ Personalised medicine is an emerging healthcare approach that tailors medical decisions about the prevention, diagnosis and treatment of disease by drawing on the individual patient’s unique characteristics, including their genetic profile, biomarkers, lifestyle and environmental factors. The combination of advanced personalised medicine with the adoption of MedTech promises to detect illness earlier and recommend the most effective prevention and treatment strategies for individual patients, whilst utilising specific technology to help monitor or treat conditions outside of a medical setting. This industry has exploded in recent years, with the UK personalised medicine market being estimated as being worth £20 billion in 2024, with predictions that it will grow to approximately £45 billion by 2035. The commercialisation of MedTech holds some challenges as there are higher entry barriers and longer incubation periods from the R&D stage to onward commercialisation. It relies upon patient data analysis, sufficient funding and regulatory approvals to bring a MedTech product to the market. Alongside this growing market is the public’s increased appetite for wellness products and gadgets to aid healthy living, which we have previously written on. This forms a blurry line with MedTech and a potential tension where one tranche of products possesses a higher regulatory threshold (MedTech), and the other (wellness) seeks to capitalise on strong brand messaging and marketing. UK opportunities in the personalised medicine industry The UK is a leading jurisdiction for personalised medicine companies to develop and commercialise technologies, with a range of government supports: * The Government’s Green paper on its new Invest 2035 industrial strategy emphasised the role of personalised healthcare and the broader life sciences sector as a key growth-driving sector which the government is prioritising. * The UK is home to the 100,000 Genomes Project, a worldfirst initiative led by Genomics England to sequence and study patients affected by rare disease or cancer, and to make the data available for researchers to develop new treatments, diagnostics, devices and medicines. More recent initiatives by Genomics England include exploring the way that this genetic data can be brought together with pathology and radiology images to development more sensitive diagnostic approaches and sequencing the genomes of 100,000 newborn babies. * The UK’s Medicines and Healthcare products Regulatory Agency is open to ideas for innovative medicines, medical devices and manufacturing processes, providing advice on the regulatory framework for companies working in areas of regulatory uncertainty or fields undergoing rapid change. Legal challenges for the development of the personalised medicine market Advances in personalised medicine provide a range of patenting and licensing opportunities, including in relation to the discovery and delivery of new treatments. These new opportunities do however come with associated risks. The patentability of some aspects of innovative personalised medicines can be challenging across jurisdictions, with restrictions on methods of diagnosing diseases and difficulties in obtaining patent protection for DNA sequences. Innovators may need to consider relying on the full range of IP rights, including trade secret or database rights protection. Often the successful development of a personalised medicine will require the pooling of complementary technologies and expertise. This can include opportunities for data from existing wellness and wearable technologies to be repurposed and licensed for use within the personalised medicine industry. Other opportunities include the use of joint ventures as a vehicle for collaboration, allowing parties to combine IP assets and share research and development costs. Data protection and privacy concerns arise in relation to collecting information about patients’ genetic profile, biomarkers and lifestyle. For example, this year’s bankruptcy of DNA testing company 23andMe led to global regulatory interventions about the ongoing protection of its database of genetic and health information of its 15 million customers, including a warning issued by the UK Information Commissioner’s Office. The focus on MedTech and the growth of personalised medicine provides significant opportunities for innovators to collaborate across the industry, whilst maximising the value of their IP and supporting the UK’s long term health goals. The evolving creator economy – investment trends and opportunities We discussed last year that the creator economy continues to evolve at high speed. According to Goldman Sachs, the creator economy was valued at $250 billion globally in 2023 and is projected to reach $480 billion by 2027, growing at a compound annual growth rate of around 14%. Such fast-paced evolution, supercharged by gen AI tools creating new revenue streams, has posed challenges for growth when met with traditional funding and banking models. At the same time, it’s only natural that acquisitive agencies, banks and VC funds are attracted to the creator economy’s growth, alongside brands who are always on the lookout for authentic voices and fresh content to invest in. One of the biggest hurdles for the creator economy has been the ability to tap into traditional funding models both for day-today business operations and for long-term growth. Traditional banks often struggle to decode the financials and box them neatly into the usual types of businesses they work with because of: * irregular income patterns; * multiple revenue streams – brand deals, merchandise, fan subscriptions, ad revenue – which can be inconsistent and tough to track; and * problems around tax, late payments and currency exchange for global talent stemming from rapid growth. We have seen new fintech services, like Willa, Collective and Karat, entering the market to offer modern tools to deal with quick cross-border payments, flexible invoicing and tailored loans. The more traditional banks and financial institutions have been working hard to adapt to be able to benefit from the creator economy and have long been targeting agencies and scaled businesses in the creator economy (as more “recognisable” targets than individual creators). Aside from day-to-day financial management, creators need longterm backing to scale up. We are seeing more acquisitions in the sector globally (including in the UK), with networks like Publicis, and challenger groups like Stagwell and Croud, making headlinegrabbing acquisitions. These deals not only bring much-needed capital but can set up the infrastructure that creators need such as marketing support, data analytics, enhanced production facilities and a broader global footprint. Acquirers like Brave Bison and others have shown that buying specialist agencies can spark further innovation in short-form content, influencer marketing and digital storytelling. ❝ We’re seeing a growing cohort of marketing leaders seeking an alternative to the legacy holding companies. Continued growth in our creative and media portfolios, and our deep commitment to scaling our research, digital transformation and technology businesses will drive connected solutions. This gives us confidence that we can help clients transform and win on an ongoing basis. – James Townsend, CEO of Stagwell EMEA ❞ Venture capital is another growth avenue. Traditional investors (such as BGF) are recognising that the creator economy is not just about big personalities on social media platforms. There is a mature sector forming, with robust data strategies, analytics platforms and comprehensive brand partnerships. This has led to greater enthusiasm for UK-based creator-focused ventures that bring revenue pipelines and strong online communities to the table. More funds are now earmarked for subscription platforms, advanced content tools and talent marketplaces, with greater likelihood of sustainable returns. New creator focussed funds are also on the rise, often set up by creators who are looking to support and grow the creator economy as a whole and give opportunities to new talent and smaller businesses. An added spark to the creator economy has come from AI offering dynamic tools for content editing and data insights. Creators who bring this tech expertise to an investor pitch are more likely to secure the support they need. They can position themselves not just as individuals (or representing individuals) with platforms but as founders of businesses driven by data-led tools. Creators who refine their core offering and leverage automation can also free up more time to build higher-value personalised services such as hosting live events or launching tailored products. Diversifying earnings reduces risk and gives investors greater confidence. As more of these businesses prove their resilience, the space continues to be disrupted and consolidated. Investors are of course cautious of over-reliance on AI and the most successful businesses in this sector are harnessing the power of AI whilst recognising its creative weaknesses and legal challenges. While there continue to be funding challenges for the creator economy, there is a sense of optimism around UK creator-led ventures. The door is wide open for new players backed by innovative technology and revenue streams to secure deals that allow them to innovate and grow more boldly. Agentic AI What’s pizza got to do with AI? And what’s an AI agent? In summary, an AI agent is AI which can make complex decisions and do complex tasks with a minimum of human oversight. Back at the start of 2025, Jesse Pollack, CEO of “Base” (Coinbase’s Ethereum Layer-2 blockchain), tagged Luna Virtuals in a post on X saying, “I want some pizza”. This was all that was needed for Luna’s AI agent to place a $50 pizza order, coordinating the transaction through “Agent BYTE” (another fully autonomous AI Agent allowing users to purchase fast-food with crypto). This created a consumer contract. If it happened in England and Wales, it would raise interesting legal questions – can an AI agent legally act as “agent” to bind a human “principal” to a contract; and can this actually be enforced under contract law and consumer law. In addition, there are various data protection issues. AI could be used as an agent in other contexts as well such as opening and closing tickets for an IT helpdesk or recording notes of healthcare appointments and sending out referrals. And it could be linked to a real world item – so for example it might be able to tell you that your fridge isn’t cold enough, or that your floor needs hoovering and turn the robot vacuum on. One area of the use of AI agents is HR – AI can be used not just to eg sift CVs or schedule interviews, but actually to conduct interviews using avatars. It might even be used to score staff for a redundancy exercise. Finally, it can analyse body language or facial expressions. There are several issues here around discrimination and bias – and also how you explain the decisions the agents have made. As ever with new technologies, the law can lag behind. The current law provides a robust framework for addressing these challenges, but it will require careful adaptation to ensure that automation does not erode accountability. As we embrace this new frontier, the lesson is clear: with great (AI-driven) power comes great responsibility – for both businesses and users alike. Community resources With thanks to our contributors Adrian Aronsson-Storrier, Intellectual Property, Lewis Silkin Alexander Milner-Smith, Data, Privacy & Cyber, Lewis Silkin Alfie Robey, Brand & Design, Lewis Silkin Ali Vaziri, Data, Privacy & Cyber, Lewis Silkin Alina Trapova, UCL Ben Field, Deep Fusion Bryony Long, Data, Privacy & Cyber, Lewis Silkin Candice Macleod, adam&eve Cliff Fluet, Digital, Commerce & Creative, Lewis Silkin Daniel Hulme, Satalia Dominic Young, Axate Fiona Vickerstaff, Digital, Commerce & Creative, Lewis Silkin Helen Hart, Digital, Commerce & Creative, Lewis Silkin Jaeger Glucina, Luminance James Davies, Employment, Lewis Silkin Janine McKelvey, BT Group JJ Shaw, Digital, Commerce & Creative, Lewis Silkin Phil Hughes, Digital, Commerce & Creative, Lewis Silkin Ojasee Datar, Corporate, Lewis Silkin Oliver Fairhurst, Intellectual Property, Lewis Silkin Roch Glowachi, Digital, Commerce & Creative, Lewis Silkin Rory Campbell, Digital, Commerce & Creative, Lewis Silkin Sachin Beepath, Holistic AI Sophia Ignatidou, ICO Stephanie Kay, Intellectual Property, Lewis Silkin Tarun Tawakley, Employment, Lewis Silkin If you would like to get in touch with someone at Lewis Silkin, please use the following email format: [email protected] Get AI Ready Partnering with leading technology experts, we offer comprehensive guidance and expertise to ensure your organisation and employees are AI ready. AI Implementation Pathway Our AI Implementation Pathway highlights the key legal, regulatory and business issues you need to think about when navigating the AI product lifecycle. Digital, Commerce & Creative Annual Report This year’s report distils key legal and regulatory changes into short, user-friendly checklists, timelines and summaries.
