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UK law enforcement data adequacy at risk

The UK government has introduced its Data Use and Access Bill (DUAB) to Parliament, but proposed reforms to police data protection rules could undermine law enforcement data adequacy with the European Union (EU).

Currently going through the committee stage of Parliamentary scrutiny, the DUAB will amend the UK’s implementation of the EU Law Enforcement Directive (LED), which is transposed into UK law via the current Data Protection Act (DPA) 2018 and represented in Part Three of the DPA, specifically.

In combination with the current data handling practices of UK law enforcement bodies, the bill’s proposed amendments to Part Three – which include allowing routine transfer of data to offshore cloud providers, removing the need for police to log justifications when accessing data, and enabling police and intelligence services to share data outside of the LED rules – could present a challenge for UK data adequacy.

In June 2021, the European Commission granted “data adequacy” to the UK following its exit from the EU, allowing the free flow of personal data to and from the bloc to continue, but warned the decision may yet be revoked if future data protection laws diverge significantly from those in Europe.

While Computer Weekly’s previous reporting on police hyperscale cloud use has identified major problems with the ability of these services to comply with Part Three, the government’s DUAB changes are seeking to solve the issue by simply removing the requirements that are not being complied with.

For example, while the DPA 2018 does allow for overseas transfers to “non-law enforcement recipients” – that is, cloud providers – this is only permissibleif the data controller can show it is strictly necessary to do so. This means information can only be sent on a case-by-case basis for specific, limited purposes when there is no other, less intrusive means of achieving the same goal.

However, in June 2024, Computer Weekly confirmed that UK policing data uploaded to Microsoft services is routinely sent offshore for some forms of processing, while IT support is provided on a global “follow-the-sun” model.

To circumvent the lack of compliance with these transfer requirements, the government has simply dropped them from the DUAB, meaning policing bodies will no longer be required to assess the suitability of the transfer or report it to the data regulator.

Commenting on the transfer issue during a DUAB debate in the House of Lords, Liberal Democrat peer Tim Clement-Jones highlighted how, as it stands, cloud service providers routinely process data outside the UK, and are unable to provide necessary contractual guarantees to policing bodies as required by Part Three: “As a result, their use for law enforcement data processing is, on the face of it, not lawful.”

He added: “The government’s attempts to change the law highlight the issue and suggest that past processing on cloud service providers has not been in conformity with the UK GDPR [General Data Protection Regulation] and the DPA.”

Through the DUAB, the government has also expanded the list of lawful recipients to now include “a processor whose processing … is governed by, or authorised in accordance with, a contract with the controller that complies with section 59”, which outlines key elements that must be contained in any contract between a law enforcement controller and processor. 

This includes specific details of the exact types of data, the categories of data subjects and the specific purpose of the processing, as well as explicit guarantees from the processor about how it will comply with all the requirements of Part Three.

However, given the international nature of the data sharing that takes place on commodity hyperscale architecture, cloud providers are either unable or unwilling to make contractual guarantees that satisfy all aspects of Part Three.

As Microsoft told the Scottish Police Authority (SPA), in relation to its Azure-hosted Digital Evidence Sharing Capability, the company “cannot accept specific consent [to transfer data internationally] on a case-by-case basis as this would be impossible to operationalise”.

All of this effectively means that under the DUAB, the data can be routinely offshored to jurisdictions with lower data protection standards, without adherence to LED conditions around strict necessity.

Similarly, while the LED provided a five-year grace period to ensure all legacy police systems could record justification logs for why a particular piece of information has been accessed – with systems procured after May 2016 were required to have this capability from the start – most policing systems in the UK still do not have this capability.

Instead, the UK government has simply removed the requirement to record these justifications, arguing that the change will save police time and that the data has little evidentiary value because people are unlikely to record an honest justification anyway.

According to Owen Sayers – a long-term commentator on DPA Part Three compliance issues with more than 25 years of experience in delivering secure solutions to policing and the wider criminal justice sector – changing the law in this way will permanently diverge UK law from the LED requirements.

He added that while UK police have been breaking the law in practice since the DPA came into effect in May 2018, the law they were breaking was at least aligned to those in the European Union.

“Even though in practical terms the UK hasn’t actually been protecting personal data as they’re required to under the LED, their law did at least give recourse to a data subject to take action about this processing (even if no one actually did so),” he said.

“Once DUAB comes into force, however, the landscape has totally changed. Not only will UK law enforcement bodies be sending massive amounts of personal data (including a lot of data about EU citizens) offshore to a range of countries not deemed adequate by the EU, but UK law will have change to make it legal for them to do so.

“By making these changes under DUAB, the government have thrown into sharp relief that law enforcement bodies are breaching the law today – they’ve literally confirmed it by modifying the law to give Microsoft and AWS this special status.”

Computer Weekly contacted the Home Office about the threat to the UK’s LED adequacy created by the government’s proposed changes to the law enforcement data protection regime.

“We have introduced some targeted amendments in the Data Use and Access Bill to improve public trust and to drive up law enforcement efficiency by simplifying the legislation. We are committed to data adequacy and had the UK’s adequacy decisions in mind when producing this bill,” said a spokesperson. “Any changes to our data protection regime must not come at the expense of security, and high standards of protection will continue to be applied.”

A Home Office source told Computer Weekly that that the use of cloud providers in particular has caused some confusion, and that measures contained within the bill are intended to give law enforcement the confidence to use cloud processors. However, they said the use of cloud services must not come at the expense of security and high standards of protection will continue to be applied.

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DeepSeek is rushing to get its next-gen R2 model out sooner than expected

After taking the world by storm with the debut of its R1 reasoning model in January, Chinese AI startup DeepSeek is reportedly looking to maintain the momentum by rushing its new R2 model to market as quickly as possible, Reuters reports.

DeepSeek at first planned to launch R2 in early May, but sources familiar with the company tell Reuters that DeepSeek wants to speed up the schedule. However, the sources didn’t provide a new release date for DeepSeek-R2, which has yet to be announced.

We don’t know much about DeepSeek’s next AI model yet, but the Chinese company wants R2 to have improved coding skills and reason in languages other than English.

When DeepSeek-R1 launched, the entire industry was taken aback by the research paper that claimed the highly sophisticated model was trained at a fraction of the cost of OpenAI’s o1. The pushback was immediate, though, as OpenAI posited that DeepSeek distilled ChatGPT to train its model, and Google called DeepSeek’s claims “exaggerated.”

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Nevertheless, many companies were quick to adopt the new model, including OpenAI investor Microsoft, which added DeepSeek-R1 to Azure AI Foundry and GitHub. You can also find R1 in the Amazon Web Services (AWS) model catalog.

With the arrival of GPT-4.5 still weeks away and GPT-5 potentially months out, DeepSeek has a chance to shake up the market once again if R2 launches soon.

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Datafy promises to slash massive EBS overprovisioning costs

AWS EBS – Elastic Block Storage – customers usually massively over-provision cloud storage capacity and pay way more than they should. Capacity utilisation on EBS is between 10% and 30%, according to Datafy, a startup that claims it can slash AWS customers’ EBS bills by adding greater granularity to their cloud block storage deployments.

According to Gurdip Kalley, head of business development at Datafy, the core issue with AWS EBS is that it is effectively a form of direct-attached storage (DAS) but in the cloud, and that differs from other AWS block storage such as FSX which can be one-to-many. And so, because of this, customer devops engineers invariably over-provision capacity because it’s very difficult to predict usage, especially in Kubernetes deployments.

“EBS is elastic, but it’s not that elastic,” said Kalley. “So, customers pay up front for capacity, just like you do for mobile phone storage and you pay whether you use it or not.”

According to Kalley, EBS eclipses all other AWS cloud storage services in terms of revenue, with a Datafy-estimated $10bn of income. “It’s popular because it’s the easiest way to lift-and-shift storage for EC2 and EKS applications,” he said.

But there’s a problem in terms of scaling. To scale up is easy, said Kalley, but to scale down is far less so. What you have to do is to create a new, smaller volume, move the data, then break all connections with the application and the old volume and connect to the new volume, he said, adding: “Customers have said it’s basically a migration, and they’ll do this once or twice, but not after that.”

What Datafy does is deploy an agent in all instances of customer AWS compute. Here, it determines the size of volumes and replaces single larger volumes with a number of smaller ones.

This is where Datafy’s smarts reside – in its virtualisation of many volumes to make them appear as one, and so allow easier scaling as multiple volumes are added and subtracted to right-size capacity.

Kalley said there are no “non-AWS concepts” introduced to the running of Datafy agents and supra-agent intelligence. “Customer data is copied from the original volume to the Datafy volume [actually volumes, in the plural],” he said. “Now, the original can be deleted and the customer will now save money. We can grow capacity in real time as needed, with shrinking taking place to ensure the least possible disruption.”

Pricing is based on capacity managed and comes in at 20% of AWS capacity managed. If that seems a steep percentage, it’s because Datafy is confident the customer will pay a lot less than it did for over-provisioned AWS EBS storage.

For example, if you were spending $100 per month and now spend $40 per month – which assumes a previous utilisation rate of 40% – the cost of Datafy would be 20% of the latter figure and a total of $48. And you only pay if you make savings.

Datafy is available on the AWS marketplace, starting in Q1 2025.

Later in 2025, Datafy will expand its capabilities to Azure and Google Coud Platform block storage.

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Has Pure got the first of its ‘HDD is doomed’ ducks in a row?

Pure Storage thinks things are slotting into place for its predicted imminent demise of enterprise spinning disk.

In December 2024, it announced an unnamed hyperscaler had inked an agreement to take Pure’s DirectFlash Modules (DFMs) as components for storage infrastructure.

Meanwhile, Pure Storage now counts Nand flash makers Micron and Kioxia as supply chain partners.

The Micron partnership was announced earlier this month, with Pure making plans to take quantities of Micron’s gen 9 QLC Nand memory.

Last month, Pure and Kioxia announced the latter would supply QLC flash for DFM modules to supply to hyperscaler customers.

Here, Pure Storage is setting itself up as a provider of hyperscaler systems or components in a ground-breaking move for an enterprise storage array maker.

The wider significance is that because hyperscalers are such huge buyers of hard drives, a switch to all-flash would make a big dent in spinning disk manufacturing volumes, and that could spell the hard disk drive’s (HDD’s) death knell. 

Selling to hyperscalers: The nails in HDD’s coffin?

In June 2024, Pure announced it had been working to adapt its DFM technology to the needs of hyperscaler environments. DFMs are not ordinary SSDs, like those sold by the big drive makers. Because Pure controls DFM design and manufacture, and because they also design and build controller systems, data management functionality can be distributed across drive and array systems.

According to Pure, that brings efficiencies in use of cache and data placement that in part can make for better longevity in QLC-based flash.

It also means less energy used, more rapid input/output (I/O) and savings on space that allow for more Nand to be installed. That amounts to a claimed capacity multiplier of around 2.5x compared with what’s possible from commodity SSD-equipped arrays. For hyperscalers that buy massive quantities of drive capacity, these advantages are significant.

Pure Storage said one hyperscaler has sung the praises of its DFMs after deploying a proof-of-concept.

For Pure Storage, the challenge will be scale in the supply chain. Amazon Web Services (AWS), Azure, GCP and Meta buy about 43% of global server production. And they only buy white box hardware that they customise themselves. That market is one hitherto effectively barred to enterprise storage makers because their products are not specialised to it.

So, according to their strategy, Pure Storage will sell their DFMs as components that will work with the hyperscalers’ own storage. Officially, it’s not known which hyperscaler Pure has struck a deal with, but it is known that GCP and Meta, at least, have driven the adoption of the software data placement technique, flexible data placement.

SSDs with 10x more capacity than HDD

Until now, hyperscalers have preferred to use spinning disk HDDs to drive their storage services largely because they have been cheaper. But they are also slower. And, with the advent of artificial intelligence (AI), the need for more rapid access to colder data has arisen – such as in backups and data lakes – and so the big hosting companies have started to look at SSD.

However, so far, SSD had lacked the capacity to be profitably deployed. Now, the latest generations of QLC flash from Micron and Kioxia allow Pure to make DFMs that provide 150TB, which will soon reach 300TB, the equivalent of 10 HDDs.

Kioxia’s latest generation of Nand flash, unveiled late last year, uses charge trap (CT) cells to create smaller SSDs with higher density and while using less energy. Meanwhile, Kioxia also released test results that showed writes with flexible data placement (using NoSQL database RocksDB) that gave read speed 1.8x faster and Nand cell lifespan increased by 3x.

Micron is already a supplier to Pure Storage of Nand in its DFMs. It hasn’t shared much detail about its next generation of SSD, but what is known is that its Nand circuits will give 19% more capacity than the current one.

In December 2024, Pure Storage announced quarterly revenue of $831m, 9% up year-on-year. That puts it behind Dell, which generated revenue of $4bn in the past quarter (up 4% year-on-year); also behind NetApp, which took $1.66bn in the same period (up 6% year-on-year), and almost certainly behind HPE, which doesn’t disclose the share taken by storage in its quarterly revenue of $8.5bn.

Is it the beginning of the end for HDD?

Will Pure’s partnership to supply its high-capacity flash modules to a hyperscaler customer be the first set of nails in the coffin of spinning disk hard drives?

Pure Storage chief technology officer Rob Lee said last week at a press event in Prague that the company’s first hyperscaler design win will be “transformative”, and that a switch to flash by the hyperscalers could lead to collapse in the HDD market.

The deal he’s talking about was announced in December, and will see Pure supply its DFM SSD modules – which will offer up to 300TB capacity by 2026 – to an unnamed hyperscaler.

“We won’t be supplying arrays,” said Lee. “They want the benefits of direct flash but don’t need the other data services. We’re co-engineering with the hyperscaler to integrate with their custom system.

“They were all ready to build something like DFM, but then thought, ‘Why build it ourselves? Let’s just integrate [Pure’s flash modules]’.”

He said the move on the part of the hyperscalers is driven by data growth and the needs of AI, in particular the requirement to access large and relatively dormant stores of data.

Lee added that there is something like 100,000 exabytes of HDD produced quarterly, with hyperscalers taking “60% or 70%”. That, in turn, would take such a chunk out of the volume of HDD manufacturing as to make it much less viable.

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AWS and Microsoft could face ‘targeted intervention’ from CMA over UK cloud competition concerns

The competition watchdog has published the provisioning findings from its long-running investigation into the inner workings of the UK cloud infrastructure services market, which shows that competition in the sector is not working as well as it could be. For this reason, Kip Meek, chair of the CMA’s independent inquiry group, said it is advising the regulator to “consider investigating the largest cloud service providers using its new digital markets powers”.

This is because its findings suggest end-user organisations could be paying more than they need for cloud services, and are possibly at risk of being locked into using platforms that do not meet their “evolving” needs.

In a seven-page report, detailing the provisional findings of its investigation, the CMA said the lack of competition in the cloud market could mean UK customers are collectively paying hundreds of millions more per year than they need to for services.

It went on to state that UK cloud users can be locked into their “initial choice of provider” due to technical and commercial barriers that prevent customers from seeking out the services of other cloud suppliers who might have better-priced or a more innovative portfolio of services.

“We have provisionally found that AWS and Microsoft have been generating sustained returns from their cloud services substantially above their cost of capital in cloud services for a number of years,” the report said. “Customers say that cloud services offer both quality and innovation to them. However, we consider that a more competitive market would have sustained better market outcomes, including more consistently competitive prices, as well as further improvements in quality and innovation.”

Controversial licensing practices

The report also called out Microsoft’s controversial licensing practices, which typically see it charging customers more for running its software in its competitors’ cloud, as impacting on the competitive position of AWS and also Google by “partially foreclosing” them from the market.

As well as being in-scope of the CMA probe, Microsoft’s behaviour on this front is also the subject of a European Commission complaint, filed by Google in September 2024.

“[The licensing piece] exacerbates the harm we have provisionally found arising from high market concentration and barriers to entry and expansion in relation to Microsoft’s significant unilateral market power,” the report added.

To remedy the situation, the report suggests the CMA board should use powers conferred on it through the roll-out of the Digital Markets, Competition and Consumers Act 2024 (DMCCA) on 1 January 2025 to mark AWS and Microsoft out as suppliers with “strategic market status”.

This would mean the CMA could impose legally binding conduct requirements or pro-competition interventions on both firms to limit and remedy the toll their activities have allegedly had on the market.

As detailed in the report, such powers are “specifically designed to be effected in digital markets … that share a combination of characteristics that can cause them to ‘tip’ in favour of one or a few firms” by allowing the CMA to take a “targeted and iterative” approach to tackling the behaviour of such providers.

“We consider that measures aimed at AWS and Microsoft would address market-wide concerns by directly benefiting the majority of UK customers and producing wider, indirect effects by altering the competitive conditions or other providers,” the report stated.

Before any action can be taken by the CMA, a consultation on the provisional findings of its investigation needs to take place, with cloud market stakeholders now invited to share their feedback on the conclusions raised so far. The final report from the CMA’s investigation is due to drop by 4 August 2025.

In the meantime, AWS has responded to the CMA’s provisional findings by describing its proposed intervention under the terms of the DMCCA as “not warranted”, and urged it to think about the long-term impact of such a move.

“We urge the CMA to carefully consider how regulatory intervention in other areas will stifle innovation and ultimately harm customers in the UK,” a spokesperson for AWS said. “We will continue to work constructively with the CMA as they work on their final report.”

Rima Alaily, corporate vice-president and deputy general counsel in the competition law group at Microsoft, seemed to suggest in a statement to Computer Weekly that the contents of the CMA report are mistargeted. 

“The draft report should be focused on paving the way for the UK’s AI-powered future, not fixating on legacy products launched in the last century,” she said. “The cloud computing market has never been so dynamic and competitive, attracting billions in investments, new entrants and rapid innovation. What could be better for UK businesses and government?”

Meanwhile, Chris Lindsay, vice-president of customer engineering for Europe, the Middle East and Africa at Google Cloud, said the company was pleased to see the impact that restrictive licensing practices have on cloud customers feature in the CMA’s provisional findings.  

“Restrictive licensing harms UK cloud customers, threatens economic growth and stifles innovation, and we are encouraged that the CMA has recognised the harm of these practices,” he said.

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CCS cloud hosting deal with AWS under scrutiny as contract value soars by 89% after 15 months

The Crown Commercial Service’s (CCS) decision to increase its cloud hosting spend with Amazon Web Services (AWS) mid-contract by 89% is under scrutiny from procurement professionals.

The government’s procurement arm is overseeing the migration of workloads from the Government Digital Service’s now defunct Gov.uk platform-as-a-service (PaaS) offering to the AWS cloud.

This piece of work is covered by a £1.3m, 36-month contract CCS arranged with the public cloud giant in February 2023 through the G-Cloud 13 framework.

It has since emerged that CCS issued a Change Control Notice (CCN) that confirms the contract value increased by 89% to £2.5m in May 2024, despite deal value increases of that size not being strictly permitted under procurement rules.

“Following the migration…to AWS, there is a need to increase the contract value of the CCS Hosting contract to date for the increased costs incurred for these migrated services,” the CCN notice stated.

Under the terms of Regulation 72 of the Public Contracts Regulations 2015 (PCR15), contracts “may be modified without a new procurement procedure…provided that any increase in price does not exceed 50% of the value of the original contract”. 

On this basis, CCS is now being called on to explain why this contract was not retendered or subject to further competition, once it realised the original AWS contract would not cover the total cost of the work involved.

“The contract was awarded under G-Cloud 13, and is obviously governed by PCR15. There’s no argument with that,” said one public sector IT procurement expert, who spoke to Computer Weekly on condition of anonymity.

“But the CCS has not provided a plausible explanation for the uplift in contract value following the CCN, which clearly puts it in the threshold that requires further competition.”

Public procurement adviser Martin Medforth told Computer Weekly that Regulation 72 of PCR15 does permit public sector IT buyers to increase the original value of their contracts by more than 50% – just not all in one go.

“Regulation 72 is a funny one, in that it can be applied multiple times,” he said. “So, you can apply the 50% and then, if [the buyer] realises they still have a bit of work to do, they can apply the 50% again.”

It is not clear from the CCN notice if CCS did exercise its right to increase the size of its AWS deal multiple times, or if the 89% increase was pushed through regardless. 

Computer Weekly contacted CCS to query the change in deal size and what its response would be to claims the contract change is misaligned with the contents of PCR15.

In response to the request, a CCS spokesperson stated: “Crown Commercial Service follows procurement legislation, under the Public Contracts Regulations 2015, which ensures that all government contracts are awarded fairly and transparently. This contract was awarded using the G-Cloud 13 framework agreement.”

Nicky Stewart, senior adviser to the Open Cloud Coalition (OCC), which champions competition within the public cloud market, told Computer Weekly that it is important that high-profile, public sector organisations such as CCS demonstrate good practice when procuring cloud services.

“The OCC fully supports open and transparent procurement principles when it comes to cloud,” said Stewart. “This includes making legitimate opportunity available to all, including challenger cloud providers, and we hope that high-profile buying authorities such as the CCS will show leadership in this respect.”

Questioning the original deal size

The fact the deal size has required such a sizeable uplift after 15 months or so of work suggests CCS underestimated how much the migration would cost, continued Medforth. “Had I personally done this deal, I would have probably let this for ‘up to £5m’, to be on the safe side,” he said.

That is a sentiment shared by Owen Sayers, an enterprise architect with more than 20 years’ experience in delivering national policing systems, who told Computer Weekly that questions need to be asked about how CCS got its “sums so wrong” in the first instance where this contract is concerned.

“Having to almost double a £1.3m, three-year contract just over a third of the way into its lifecycle suggests that the original due diligence and understanding of the requirement was somewhat lacking,” he said.

Computer Weekly also contacted AWS for comment on this story, but the company declined.

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AWS offers Hackney Council ‘minimum 22%’ discount on cloud services through OGVA 2.0

Hackney Council has committed to growing its annual usage of Amazon Web Services’ (AWS) cloud platform by 8% a year over the next three years to secure a “minimum 22%” discount on the public cloud giant’s services, Computer Weekly understands.

The local authority’s latest cloud hosting deal with AWS went live on 1 November 2024, after Hackney Council secured permission from the Cabinet Procurement and Insourcing Committee (CPIC) to re-sign the public cloud giant to host its core cloud services for another 36 months. The contract award notice for the deal confirms it has a maximum value of £3m.

Computer Weekly has received a copy of a 15-page document, created in July 2024, which details the reasons why the CPIC should recommend green-lighting a council proposal to award the three-year contract to AWS with a total value of £2.95m.

As detailed in the document, the council has been an AWS user since 2019, but use of its technology has accelerated at a “faster pace than was anticipated” in the wake of the ransomware attack Hackney Council suffered in October 2020.

“The cyber attack of 2020 demonstrated the importance of [moving to the cloud] as the services that had already migrated to the cloud were protected from the attack,” the document stated.

“Our investments in recovery [from the ransomware attack] have brought forward migration to the cloud… [with] almost all of the council’s systems now provided through the cloud.”

The council’s “accelerated transition to the cloud” has seen the value of its cloud contracts increase from just over £1m to approximately £2.85m, which included “one-off costs related to data recovery work” as a direct result of the 2020 cyber attack.

However, as detailed in the document, the council has been working to streamline its cloud estate by decommissioning services that are no longer being used, and ensuring the resources that remain in use are “right-sized”.

The document continued: “We have seen our cloud usage stabilise over the past year and are continuing to actively look for opportunities to cut the costs of running the estate, including reducing consumption-based usage costs and paying for known product usage in advance to secure discounts.”

On this point, the document states the council is set to benefit from the committed spend discount scheme the UK government has in place with AWS, known as the One Government Value Agreement (OGVA) 2.0, through this proposed deal.

“[This] gives the council access to discounted pricing subject to agreeing to contractual commitment value based on our spend over the previous 12-month period,” the document stated.

“This value has been calculated and the annual commitment for the contract will be £909,800 in the first year, £982,600 in the second and £1,061,100 in the third … the total contract value over the three-year term will be £2,953,500.”

Additionally, the OGVA 2.0 agreement will also allow the council to “further offset the value of the contract” with a minimum of 22% discount on AWS’s standard pricing model, which should bring the estimated “actual spend” for the three-year contract down to £2.3m.

“These costs and savings figures are based on our current projected spend and growth as required by the One Government Value Agreement stipulations,” the document stated.

“As part of the agreement we will be committed to an annual usage growth of 8% but we will in turn benefit from a minimum of 22% savings year-on-year on the standard pricing model for the resources we use.”

Computer Weekly asked Hackney Council to confirm if it was benefiting from the discount terms set out in the document now the contract has gone live, but a spokesperson for the local authority said: “The council is not in a position to confirm the terms of the agreement.”

Computer Weekly also contacted AWS to clarify if the 22% minimum discount and 8% usage commitment outlined in the document are typical of the discounts available to public sector buyers through OGVA 2.0. AWS, however, declined to comment.

The OGVA 2.0 agreement was quietly launched by AWS in December 2023, with government procurement chiefs at the Crown Commercial Service (CCS) claiming the agreement will deliver sizeable financial benefits to public sector IT buyers through the discounts it offers.

However, no details about the exact level of discount users will benefit from have previously been made public, as contract award notices for OGVA G-Cloud deals are typically heavily redacted.

On this point, details about an 18% baseline discount offered through the first iteration of the OGVA agreement only emerged after an unredacted contract award notice was published in error on the government’s Contract Finder website.  

Incidentally, preferential pricing schemes like OGVA are one of several areas the UK Competition and Markets Authority is looking into as part of its ongoing antitrust investigation focused on the UK cloud infrastructure market as it seeks to determine if the use of committed spend discounts could be harming the sector’s competitiveness.

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Top 10 data and ethics stories of 2024

In 2024, Computer Weekly’s data and ethics coverage continued to focus on the various ethical issues associated with the development and deployment of data-driven systems, particularly artificial intelligence (AI).

This included reports on the copyright issues associated with generative AI (GenAI) tools, the environmental impacts of AI, the invasive tracking tools in place across the internet, and the ways in which autonomous weapons undermine human moral agency.

Other stories focused on the wider social implications of data-driven technologies, including the ways they are used to inflict violence on migrants, and how our use of technology prefigures certain political or social outcomes.

In an analysis published 14 January 2024, the IMF examined the potential impact of AI on the global labour market, noting that while it has the potential to “jumpstart productivity, boost global growth and raise incomes around the world”, it could just as easily “replace jobs and deepen inequality”; and will “likely worsen overall inequality” if policymakers do not proactively work to prevent the technology from stoking social tensions.

The IMF said that, unlike labour income inequality, which can decrease in certain scenarios where AI’s displacing effect lowers everyone’s incomes, capital income and wealth inequality “always increase” with greater AI adoption, both nationally and globally.

“The main reason for the increase in capital income and wealth inequality is that AI leads to labour displacement and an increase in the demand for AI capital, increasing capital returns and asset holdings’ value,” it said.

“Since in the model, as in the data, high income workers hold a large share of assets, they benefit more from the rise in capital returns. As a result, in all scenarios, independent of the impact on labour income, the total income of top earners increases because of capital income gains.”

In January, GenAI company Anthropic claimed to a US court that using copyrighted content in large language model (LLM) training data counts as “fair use”, and that “today’s general-purpose AI tools simply could not exist” if AI companies had to pay licences for the material.

Anthropic made the claim after, a host of music publishers including Concord, Universal Music Group and ABKCO initiated legal action against the Amazon- and Google-backed firm in October 2023, demanding potentially millions in damages for the allegedly “systematic and widespread infringement of their copyrighted song lyrics”.

However, in a submission to the US Copyright Office on 30 October (which was completely separate from the case), Anthropic said that the training of its AI model Claude “qualifies as a quintessentially lawful use of materials”, arguing that, “to the extent copyrighted works are used in training  data, it is for analysis (of statistical relationships between words and concepts) that is unrelated  to any expressive purpose of the work”.

On the potential of a licensing regime for LLM’s ingestion of copyrighted content, Anthropic argued that always requiring licences would be inappropriate, as it would lock up access to the vast majority of works and benefit “only the most highly resourced entities” that are able to pay their way into compliance.

In a 40-page document submitted to the court on 16 January 2024 (responding specifically to a “preliminary injunction request” filed by the music publishers), Anthropic took the same argument further, claiming “it would not be possible to amass sufficient content to train an LLM like Claude in arm’s-length licensing transactions, at any price”.

It added that Anthropic is not alone in using data “broadly assembled from the publicly available internet”, and that “in practice, there is no other way to amass a training corpus with the scale and diversity necessary to train a complex LLM with a broad understanding of human language and the world in general”. 

Anthropic further claimed that the scale of the datasets required to train LLMs is simply too large to for an effective licensing regime to operate: “One could not enter licensing transactions with enough rights owners to cover the billions of texts necessary to yield the trillions of tokens that general-purpose LLMs require for proper training. If licences were required to train LLMs on copyrighted content, today’s general-purpose AI tools simply could not exist.”

Computer Weekly spoke to members of the Migrants Rights Network (MRN) and Anti-Raids Network (ARN) about how the data sharing between public and private bodies for the purposes of carrying out immigration raids helps to prop up the UK’s hostile environment by instilling an atmosphere of fear and deterring migrants from accessing public services.

Published in the wake of the new Labour government announcing a “major surge in immigration enforcement and returns activity”, including increased detentions and deportations, a report by the MRN details how UK Immigration Enforcement uses data from the public, police, government departments, local authorities and others to facilitate raids.

Julia Tinsley-Kent, head of policy and communications at the MRN and one of the report’s authors, said the data sharing in place – coupled with government rhetoric about strong enforcement – essentially leads to people “self-policing because they’re so scared of all the ways that you can get tripped up” within the hostile environment.

She added this is particularly “insidious” in the context of data sharing from institutions that are supposedly there to help people, such as education or healthcare bodies.

As part of the hostile environment policies, the MRN, the ARN and others have long argued that the function of raids goes much deeper than mere social exclusion, and also works to disrupt the lives of migrants, their families, businesses and communities, as well as to impose a form of terror that produces heightened fear, insecurity and isolation.

At the very end of April, military technology experts gathered in Vienna for a conference on the development and use of autonomous weapons systems (AWS), where they warned about the detrimental psychological effects of AI-powered weapons.

Specific concerns raised by experts throughout the conference included the potential for dehumanisation when people on the receiving end of lethal force are reduced to data points and numbers on a screen; the risk of discrimination during target selection due to biases in the programming or criteria used; as well as the emotional and psychological detachment of operators from the human consequences of their actions.

Speakers also touched on whether there can ever be meaningful human control over AWS, due to the combination of automation bias and how such weapons increase the velocity of warfare beyond human cognition.

The second global AI summit in Seoul, South Korea saw dozens of governments and companies double down on their commitments to safely and inclusively develop the technology, but questions remained about who exactly is being included and which risks are given priority. 

The attendees and experts Computer Weekly spoke with said while the summit ended with some concrete outcomes that can be taken forward before the AI Action Summit due to take place in France in early 2025, there are still a number of areas where further movement is urgently needed.

In particular, they stressed the need for mandatory AI safety commitments from companies; socio-technical evaluations of systems that take into account how they interact with people and institutions in real-world situations; and wider participation from the public, workers and others affected by AI-powered systems.

However, they also said it is “early days yet” and highlighted the importance of the AI Safety Summit events in creating open dialogue between countries and setting the foundation for catalysing future action.

Over the course of the two-day AI Seoul Summit, a number of agreements and pledges were signed by the governments and companies in attendance.

For governments, this includes the European Union (EU) and a group of 10 countries signing the Seoul Declaration, which builds on the Bletchley Deceleration signed six months ago by 28 governments and the EU at the UK’s inaugural AI Safety Summit. It also includes the Seoul Statement of Intent Toward International Cooperation on AI Safety Science, which will see publicly backed research institutes come together to ensure “complementarity and interoperability” between their technical work and general approaches to AI safety.

The Seoul Declaration in particular affirmed “the importance of active multi-stakeholder collaboration” in this area and committed the governments involved to “actively” include a wide range of stakeholders in AI-related discussions.

A larger group of more than two dozen governments also committed to developing shared risk thresholds for frontier AI models to limit their harmful impacts in the Seoul Ministerial Statement, which highlighted the need for effective safeguards and interoperable AI safety testing regimes between countries.

The agreements and pledges made by companies include 16 AI global firms signing the Frontier AI Safety Commitments, which is a specific voluntary set of measures for how they will safely develop the technology, and 14 firms signing the Seoul AI Business Pledge, which is a similar set of commitments made by a mixture of South Korean and international tech firms to approach AI development responsibly.

One of the key voluntary commitments made by the AI companies was not to develop or deploy AI systems if the risks cannot be sufficiently mitigated. However, in the wake of the summit, a group of current and former workers from OpenAI, Anthropic and DeepMind – the first two of which signed the safety commitments in Seoul – said these firms cannot be trusted to voluntarily share information about their systems capabilities and risks with governments or civil society.

 Dozens of university, charity and policing websites designed to help people get support for serious issues such as sexual abuse, addiction or mental health are inadvertently collecting and sharing site visitors’ sensitive data with advertisers.  

A variety of tracking tools embedded on these sites – including Meta Pixel and Google Analytics – mean that when a person visits them seeking help, their sensitive data is collected and shared with companies like Google and Meta, which may become aware that a person is looking to use support services before those services can even offer help.

According to privacy experts attempting to raise awareness of the issue, the use of such tracking tools means people’s information is being shared inadvertently with these advertisers, as soon as they enter the sites in many cases because analytics tags begin collecting personal data before users have interacted with the cookie banner.

Depending on the configuration of the analytics in place, the data collected could include information about the site visitor’s age, location, browser, device, operating system and behaviours online.

While even more data is shared with advertisers if users consent to cookies, experts told Computer Weekly the sites do not provide an adequate explanation of how their information will be stored and used by programmatic advertisers.

They further warned the issue is “endemic” due a widespread lack of awareness about how tracking technologies like cookies work, as well as the potential harms associated with allowing advertisers inadvertent access to such sensitive information.

Computer Weekly spoke to author and documentary director Thomas Dekeyser about Clodo, a clandestine group of French IT workers who spent the early 1980s sabotaging technological infrastructure, which was used as the jumping off point for a wider conversation about the politics of techno-refusal.

Dekeyser says a major motivation for writing his upcoming book on the subject is that people refusing technology – whether that be the Luddites, Clodo or any other radical formation – are “all too often reduced to the figure of the primitivist, the romantic, or the person who wants to go back in time, and it’s seen as a kind of anti-modernist position to take”.

Noting that ‘technophobe’ or ‘Luddite’ have long been used as pejorative insults for those who oppose the use and control of technology by narrow capitalist interests, Dekeyser outlined the diverse range of historical subjects and their heterogenous motivations for refusal: “I want to push against these terms and what they imply.”

For Dekeyser, the history of technology is necessarily the history of its refusal. From the Ancient Greek inventor Archimedes – who Dekeyser says can be described as the first “machine breaker” due to his tendency to destroy his own inventions – to the early mercantilist states of Europe backing their guild members’ acts of sabotage against new labour devices, the social-technical nature of technology means it has always been a terrain of political struggle.

Hundreds of workers on Amazon’s Mechanical Turk (MTurk) platform were left unable to work after mass account suspensions caused by a suspected glitch in the e-commerce giant’s payments system.

Beginning on 16 May 2024, a number of US-based Mechanical Turk workers began receiving account suspension forms from Amazon, locking them out of their accounts and preventing them from completing more work on the crowdsourcing platform.

Owned and operated by Amazon, Mechanical Turk allows businesses, or “requesters”, to outsource various processes to a “distributed workforce”, who then complete tasks virtually from wherever they are based in the world, including data annotation, surveys, content moderation and AI training.

According to those Computer Weekly spoke with, the suspensions were purportedly tied to issues with the workers’ Amazon Payment accounts, an online payments processing service that allows them to both receive wages and make purchases from Amazon. The issue affected hundreds of workers.

MTurk workers from advocacy organisation Turkopticon outlined how such situations are an on-going issue that workers have to deal with, and detailed Amazon’s poor track record on the issue.

Refugee lawyer and author Petra Molnar spoke to Computer Weekly about the extreme violence people on the move face at borders across the world, and how increasingly hostile anti-immigrant politics is being enabled and reinforced by a ‘lucrative panopticon’ of surveillance technologies.

She noted how – because of the vast array of surveillance technologies now deployed against people on the move – entire border-crossing regions have been transformed into literal graveyards, while people are resorting to burning off their fingertips to avoid invasive biometric surveillance; hiding in dangerous terrain to evade pushbacks or being placed in refugee camps with dire living conditions; and living homeless because algorithms shielded from public scrutiny are refusing them immigration status in the countries they’ve sought safety in.

Molnar described how lethal border situations are enabled by a mixture of increasingly hostile anti-immigrant politics and sophisticated surveillance technologies, which combine to create a deadly feedback loop for those simply seeking a better life.

She also discussed the “inherently racist and discriminatory” nature of borders, and how the technologies deployed in border spaces are extremely difficult, if not impossible, to divorce from the underlying logic of exclusion that defines them.

The potential of AI to help companies measure and optimise their sustainability efforts could be outweighed by the huge environmental impacts of the technology itself.

On the positive side, speakers at the AI Summit London outlined, for example, how the data analysis capabilities of AI can assist companies with decarbonisation and other environmental initiatives by capturing, connecting and mapping currently disparate data sets; automatically pin point harmful emissions to specific sites in supply chains; as well as predict and manage the demand and supply of energy in specific areas.

They also said it could help companies better manage their Scope 3 emissions (which refers to indirect greenhouse gas emissions that occur outside of a company’s operations, but that are still a result of their activities) by linking up data sources and making them more legible.

However, despite the potential sustainability benefits of AI, speakers were clear that the technology itself is having huge environmental impacts around the world, and that AI itself will come to be a major part of many organisations Scope 3 emissions.

One speaker noted that if the rate of AI usage continues on its current trajectory without any form of intervention, then half of the world’s total energy supply will be used on AI by 2040; while another pointed out that, at a time when billions of people are struggling with access to water, AI-providing companies are using huge amounts of water to cool their datacentres.

They added AI in this context could help build in circularity to the operation, and that it was also key for people in the tech sector to “internalise” thinking about the socio-economic and environmental impacts of AI, so that it is thought about from a much earlier stage in a system’s lifecycle.

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AWS on using GenAI to speed up legacy VMware and Microsoft datacentre migrations

Amazon Web Services (AWS) has set out how its investments in artificial intelligence (AI) chips and software are saving customers money and helping them migrate their legacy Windows and VMware workloads off-premise much quicker.

AWS CEO Matt Garman used the opening keynote at the public cloud giant’s Re:Invent customer and partner conference in Las Vegas, which is the first he has delivered since taking over the company reins in June 2024, to talk up the potential for generative AI (GenAI) to digitally transform the way that businesses operate. He also talked at length about the work that goes into ensuring the AWS cloud infrastructure is equipped to cope with the growing demand from its customers for the compute power they need to run AI and GenAI workloads.

As previously reported by Computer Weekly, the demand for GenAI workloads from its customers was recently cited as the reason for a “significant re-acceleration” in AWS’s annual growth rate, with the company reporting a 19.1% year-on-year uptick in revenue during its third-quarter results.  

Garman touched on Amazon’s 14-year-long collaboration with Nvidia, which he said has enabled it to roll out a succession of increasingly more powerful graphics processing unit (GPU) instances based on the latter’s technology so it can keep pace with its customers’ AI demands.

The company has also doubled down on the creation of its own AI silicon – namely its family of Tranium chips – to support a wider range of instances that are designed to improve the cost performance of running compute-intensive workloads. To this point, Garman used the keynote to announce that the second generation of Tranium instances had now become generally available, claiming the latest iteration can deliver “30-40%” better price performance than “current GPU-powered instances”.

This is based on feedback from early adopters of the technology, with Garman naming Adobe as among the customers who have seen some “promising” early wins with the technology.

Another is AI-focused software engineering startup Poolside, who has reportedly committed to training all future versions of their large frontier model on Tranium 2. The company is also anticipating the move will generate savings in the region of 40%. “Databricks is one of the largest data and AI companies in the world,” he said. “[It] plans to use Trainium 2 to deliver better results and [to] lower the total cost of ownership for our joint customers by up to 30%.” 

Opening up about Amazon’s use of GenAI

The conversation later moved on to how GenAI is also changing the way that AWS operates, with particular focus on how its own offerings are helping to speed up the time it takes to refactor legacy, on-premise workloads and ready them for migration to the public cloud.

Central to this bit of the discussion was Amazon Q, which is the company’s generative AI chatbot assistant that is designed for in-house use by software developers, business analysts and contact centre employees to make the work they do more efficient.

The migration of customer workloads out of private datacentres and into the public cloud is a process that fuelled the company’s growth for a decade or more after its inception in 2006.

However, despite the company previously acknowledging that a large proportion of enterprise workloads remain on-premise, it was an area that was markedly less talked about during the keynote, until Garman flagged how Amazon Q can assist with this task.

“Our goal at AWS is to help every builder be able to innovate, [and] we want to free you from the undifferentiated heavy lifting to really focus on those creative things that make your building unique … [and] generative AI is a huge accelerator of this capability,” he said.

As an example, he talked about how Amazon Q Developer, an iteration of the chatbot specifically designed to help developers speed up their CodeDeploy processes, is helping customers deploy faster, more secure and better-quality software updates.

Garman then went onto announce several new features that were being added to Amazon Q Developer that will generate unit tests, documentation and code reviews on behalf of developers, so they can spend more time each day writing code than dealing with the admin associated with it.

Addressing the legacy

The software is also reducing the amount of time they have to spend managing legacy applications, it is claimed.

“One of [the software’s] most powerful capabilities we already have is [its ability to] automate Java version upgrades,” said Garman. “What it can do is transform a Java application from an old version of Java to a new version in a fraction of the time it would take to do manually. This is work that no developer loves to do, but is critically important.”

According to Garman, integrating this capability into Amazon’s own internal systems saw it “migrate literally tens of thousands of production applications” to Java 17 in a “small fraction of the time” it would typically take. “The estimate from our teams is this saved us 4,500 developer years … [and] this is a mind-blowing amount of time saved, and because we’re now running on modern Java, we can use less hardware, too. So, we saved $260m a year through this process.”

Java upgrades are one thing, but – in Garman’s opinion – a migration that a lot of enterprises want assistance with is moving from Windows to Linux. And this is something AWS can assist with now through the preview release of a new version of Amazon Q Developer.

“Customers love an easy button to get off of Windows,” he said. “They’re tired of constant security issues, the constant packing or patching, all the scalability challenges that they have to deal with, and they definitely hate the onerous licensing costs.

“But we do recognise today that this is hard. Actually, modernising away from Windows is not easy, [but] with Q Developer, modernising windows just got a lot easier … [as it allows you] to transform .Net applications that are running on Windows to Linux in a fraction of the time.”

Signature IT

As an example, Garman flagged digital transactions, signing software company Signature IT, and the work it has done to modernise its legacy .Net applications and migrate them from Windows to Linux. “It was a project they estimated was going to take six to eight months, [and] they actually completed it in just a few days,” he said. “That is a game-changing amount of time.”

But it’s not just Windows workloads that enterprises are having a hard time modernising. “Windows is not the only legacy platform in the datacentre that is slowing down all your modernisation efforts … oftentimes it is VMware workloads that customers would really love to modernise to cloud-native services,” said Garman.

“VMware is deeply entrenched in many datacentres, and has been for a really long time. And what happens is … because it’s been there for a long time, there ends up [being] this kind of spaghetti mess of interconnected applications.”

“[So] really the hardest part about modernising is finding out what are the dependencies of those applications,” he said. “And the migrations are error-prone, because it’s hard to understand if you move something, if it is going to break something else. And again, of course, licensing is expensive.”

To assist with this, Q Developer also has capabilities that will allow VMware-based datacentre workloads to be reconfigured to become cloud-native, with the system able to identify the dependencies and create a migration plan for the user.

“[This] really reduces a ton of the migration time, and significantly it reduces [the organisation’s] risk,” said Garman. “It also launches agents that can convert on-premise VMware network configurations into modern AWS equivalents. This takes what used to be months and months of work into hours to weeks.”

The next complex datacentre migration project the company is looking to simplify for enterprises, with the help of Amazon Q, concerns mainframes, which Garman described as “by far the most difficult to migrate to the cloud”.

“When you talk to customers, just the effort of trying to analyse, document and plan mainframe modernisation is often too much, [and] people give up [because] it’s too hard. Turns out, Q can help with this, too,” he said.

The software has a number of agents in it that are able to do mainframe code analysis, refactor applications and create documentation in real time for legacy COBOL code so enterprises can fill in any knowledge gaps about what it might do.

“Most customers will tell you their mainframe migration will probably take three to five years … but planning a project for three to five years is nearly impossible,” said Garman. “A lot of the time, they just don’t get done.”

And while it’s beyond the capabilities of Amazon Q to make mainframe migrations a “one-click” job right now, he said early testing suggests the software could significantly accelerate the pace of these projects.

“We think Q can actually turn what was going to be a multi-year effort into a multi quarter effort, cutting by more than 50% the time to migrate mainframes,” said Garman. “If you can take a multi-year effort and bring it down to a couple of quarters, that’s something that people can really get their heads around. And customers are incredibly excited about this.”

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Are you on the naughty or nice list for responsible AI adoption?

Over the past year, artificial intelligence (AI) has proved its worth as a long-term investment for businesses. It brings a range of perfectly wrapped presents to the table, making a significant impact on productivity, efficiency, and automation across business functions. With almost 40% of companies worldwide already using AI in some form, it’s undeniable that it has the capability to revolutionise business operations.

For example, Santa’s workshop would benefit from AI adoption in automation of its supply chain orders, faster and more accurate analysis of wish list data, and tracking of items that have made it into his sleigh.

To ensure he makes the most of AI’s benefits, Santa will have brought it on board with ethical guidelines and responsible practices in mind. But have you? Whether you’ve already adopted and want to make sure you’re using AI responsibly, or you’re yet to adopt and are looking to integrate ethical standards into your plan – time’s running out to get onto Santa’s nice list before Christmas.

Getting into the good books with responsible adoption

Adopting AI responsibly isn’t just about avoiding risks, it’s also a way of setting the stage for sustainable growth, efficiency, and innovation. If you jump on the AI bandwagon without building a solid foundation and outlining a clear strategy, a myriad of risks can await your business. Data breaches, ethical challenges, and financial losses are all risks businesses face if they ignore the importance of responsible adoption.

The most effective way of adopting AI to mitigate these risks is a responsible one, and it’s not as easy as plugging in your Christmas lights. Smart and strategic choices are the key to protecting business data and aligning AI initiatives with business goals.

Santa’s top tips for adopting responsibly

Like writing a Christmas shopping list, AI adoption can be too daunting to start for lots of businesses. With so much information out there, where are you meant to start?

The key is pushing fear to the side and making any type of start, even if it’s small. Those who start now and invest in AI will stay ahead of the curve. But like Rudolph and his crew, the AI gap is real, and businesses who don’t get on board now will be left behind. So, what do you need to consider to adopt AI responsibly?

  • Make sure your data shines like a bauble

Squeaky clean data is crucial to getting reliable insights from AI. Getting AI ready means prepping business operations for AI systems to easily slot in, so business data needs to be accurate, void of bias, and ready for action.

The same way you wouldn’t send Santa a disorganised wish list, you wouldn’t give AI messy data. Making sure data is up to date, without errors or duplicates, is critical to ensuring your AI delivers real value. This comes hand-in-hand with assessing your internal resources, and making sure your infrastructure can handle the scale and power of AI demands. More flexible Cloud platforms like AWS, Google Cloud, and Azure can help business scale AI cost-effectively.

  • Embrace elf-level organisation

Training is a key part of onboarding AI. Do you think Santa’s elves are expected to wrap presents without being trained first? Preparation for AI use is essential to allowing your employees to understand its benefits and using it effectively.

As it affects every team in the business, not just the IT department, the entire workforce needs to be prepped for AI adoption. Whilst this can seem like a costly task, investing in your people is how AI will create valuable results. Change management is a key component to preparing workforces for the changes you need to adopt AI. Fostering a culture of readiness and continuous compliance is key to ensuring it becomes an asset.

Knowing your business objectives and making sure your AI strategy aligns with and contributes to them is key to maximising its capabilities. Whether improving customer experiences, automating repetitive tasks, or personalising services is your business goal, use AI to drive that strategy.

Prioritising AI applications that solve real problems as well as boosting productivity is key to boosting business growth. Do you need help with recommending products to your customers to increase sales? This is a tangible problem AI can solve for you. Like following a gingerbread recipe, baking a strategic AI plan will produce the best goods.

Santa’s secret weapon – Responsible AI

Long-term success is the outcome of adopting AI through responsible practices and with ethical guidelines in mind. High-quality data aligned business goals, and a prepped workforce are the key to thriving rather than falling behind.

If Santa’s already on board, why aren’t you? After all, it’s how he gets his presents from the North Pole to under your tree.

Get onto the nice list this Christmas – start small, think big, and stay responsible.

Kyle Hill is chief technology officer at ANS, a digital transformation provider and Microsoft’s UK Services Partner of the Year 2024. Headquartered in Manchester, it offers public and private cloud, security, business applications, low code, and data services to thousands of customers, from enterprise to SMB and public sector organisations.

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