This guest editor article was written by Ben Gardner, Partner at Shoosmiths. Ben supports clients across the full range of commercial law disciplines, including supply of goods and services arrangements, technology contracts, consumer law and more. He has a particular focus in the Automotive and Technology sectors, especially where these two worlds collide: working on transformational and award-winning projects in the “Future Mobility” space. Ben’s work and profile in this area has seen him appointed to specialist boards and working groups within the UK Automotive Council and SMMT. His role in the Automotive Council sees him working with Government, OEMs, and other industry stakeholders to ensure that the UK automotive industry remains competitive internationally.
Ben has also provided evidence to a House of Commons Select Committee on the regulatory changes needed to facilitate the development and deployment of autonomous vehicles in the UK.
As the UK government rolls out its framework for regulating self-driving technology, Shoosmiths’ Ben Gardener unpacks the legal implications for mobility stakeholders, from liability and compliance to marketing and innovation.
The Automated Vehicles Act 2024, which received Royal Assent in May, signals a new chapter for the UK’s future of mobility. Widely seen as a watershed moment in the regulation of autonomous vehicles (AVs), the legislation provides clarity and structure to an industry on the cusp of transformation. At the heart of the Act are rules designed to safeguard public confidence, distinguish driver assistance from full autonomy, and ensure the responsible deployment of self-driving vehicles on UK roads.
For EV sector players, from manufacturers to software providers, to infrastructure to developers to insurers, this legislation is not only about compliance. It raises pressing questions around liability, regulatory readiness, data privacy, and even branding.
From Hype to Accountability: Marketing Restrictions Take Centre Stage
One of the Act’s most immediate impacts is a crackdown on misleading language in relation to AV capabilities. Under new powers, the Secretary of State for Transport can restrict specific words, phrases, and symbols to ensure only vehicles that have passed an official authorisation process can be marketed as “self-driving” or “driverless”.
Two key offences have been introduced:
- Businesses may not use designated AV-related marketing terms unless the vehicle has received formal authorisation.
- Any commercial communication that could mislead the public into believing a vehicle is capable of self-driving when it is not will be liable to sanctions.
In June 2025, the government launched a public consultation to define the protected terms. Proposed words and phrases include “automated vehicle,” “driverless,” and “drives itself.” The aim is to draw a hard regulatory line between assistance technologies and true autonomy, something current marketing practices often blur.
Why This Matters to EV Stakeholders
For electric vehicle manufacturers and software innovators alike, these developments go beyond semantics. The use of unauthorised terminology could expose businesses to reputational risk, regulatory enforcement, and even criminal liability. But the impact of the Act extends well beyond marketing.
- Liability in Accidents: The Act introduces a legal framework clarifying who is responsible when things go wrong. Questions of driver versus manufacturer liability in self-driving incidents will be pivotal, and the ability to demonstrate regulatory compliance may be central to defending future claims.
- Data and Privacy Considerations: Autonomous systems rely on the constant collection, processing, and analysis of vast quantities of data—including personal data. Businesses will need to ensure robust data governance strategies that align with existing data protection regulations, particularly where AI decision-making and cross-border data flows are concerned.
- IP and Innovation Protection: As AV tech continues to evolve, so will the competitive landscape. Companies developing algorithms, sensors, and vehicle control systems must ensure their intellectual property is adequately protected—not just against competitors, but in light of increased regulatory scrutiny and transparency obligations.
What Businesses Should Do Now
In light of these changes, industry actors should take proactive steps:
- Ensure no materials use protected terms unless your product has received formal AV authorisation.
- Legal, product, and engineering teams should be aligned from the outset of any AV initiative.
- Be ready for potential audits, data governance checks, and liability mapping.
- The government’s consultation on protected terms closes on 1 September 2025. Businesses have a unique opportunity to help shape the future lexicon of autonomy in the UK.
Final Thought
For the EV industry, the Automated Vehicles Act 2024 presents both risk and opportunity. Navigating its implications will demand collaboration across legal, technical and commercial teams, but doing so could position businesses at the forefront of a safe, credible, and commercially viable future for autonomous mobility in the UK.
