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Thinking - Snapshot

CMA investigates Ticketmaster for dynamic pricing of Oasis tickets

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can dynamic pricing breach consumer protection rules?

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Thinking - Snapshot

CMA publishes guidance for fashion retailers on environmental claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How best can fashion retailers protect themselves from regulatory action when making green claims?

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Thinking - Snapshot

CJEU rules on pricing display strategies of Aldi Süd

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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Thinking - Snapshot

European consumer body challenges in-game premium currencies

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

When does the use of in-app and in-game premium currencies pose consumer regulatory issues? Does this consumer complaint herald a tightening by the EU on revenue streams for game and app developers and platforms?

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Thinking - Snapshot

UK pricing practices in the spotlight

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What should businesses take note of recent amendments to the UK’s Price Marking Order and the CMA’s newly published report on loyalty pricing?

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Thinking - Snapshot

News Flash: Timeline for the Digital Markets, Competition and Consumers Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

On 24 May 2024, the UK’s Digital Markets, Competition and Consumers Act (DMCCA) received Royal Assent.

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Thinking - Snapshot

EU publishes draft Code for general-purpose AI models

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What measures are proposed by the EU AI Office to regulate general-purpose AI (GPAI) models?

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Thinking - Snapshot

Ofcom rolls out implementation phases for compliance with the Online Safety Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is Ofcom’s timeframe for implementation of the Online Safety Act (OSA) and what actions will in-scope services need to take to ensure compliance?

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Thinking - Snapshot

New Safer Phones Bill aims at “making social media less addictive” for young people

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How does the Safer Phones Bill intend to protect young people online?

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Thinking - Snapshot

Two years on from the Digital Services Act

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How has the European Commission (Commission) enforced the Digital Services Act (DSA) since its inception?

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Thinking - Snapshot

New Standard Contractual Clauses for data importers outside the EAA but subject to the GDPR

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Are the EU’s Standard Contractual Clauses (SCCs) needed if a data importer is located outside the European Economic Area (EEA) and already directly subject to the EU General Data Protection Regulation (EU GDPR)? In other words, where third party controllers and processors are based outside the EAA but subject to the GDPR, do you still need the SCCs to enable a lawful international transfer to them?

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Thinking - Snapshot

The UK’s new Data (Use and Access) Bill

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What does the UK’s new Data (Use and Access) Bill (the Data Bill) mean for businesses?

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Thinking - Snapshot

Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?

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Thinking - Snapshot

Agreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?

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Thinking - Snapshot

Influencer posts and affiliate links: the whole marketing chain must know the rules

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?

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Thinking - Snapshot

Construing material adverse effect/material adverse change clauses

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?

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Thinking - Snapshot

Travel agent found to have misled consumers with “from” price claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

How can advertisers avoid misleading consumers when using “from” price claims?

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Thinking - Snapshot

Reasonable notice termination not construed or implied into a contract with detailed termination provisions

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?

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Thinking - Snapshot

ASA rules against telecoms companies on mid-contract price rises

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?

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Thinking - Snapshot

Effect of a contractual liability cap on set-off and contractual interest

Published on 10 Dec 2024. By Caroline Tuck, Partner and Eleanor Harley , Senior Associate

Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?

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Thinking - Snapshot

Round up of recent green claims

Published on 10 Dec 2024. By Oliver Bray, Senior Partner

Round up of recent green claims: Key updates and sector-specific updates

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Thinking - Snapshot

Snapshots Winter 2024

Published on 10 Dec 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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Thinking - Snapshot

EDPB’s new publications on the ePrivacy Directive, processors and legitimate interests

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What are the key takeaways for organisations processing personal data set out in the recent Guidelines and Opinions adopted by the European Data Protection Board (EDPB)?

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Thinking - Snapshot

ICO Statement on Generative AI Model Training

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What position does the Information Commissioner’s Office (ICO) continue to take on Generative AI Model training?

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Thinking - Snapshot

ICO reprimands Sky Betting and Gaming for using non-essential cookies without users’ consent

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

What proactive steps should website operators take to ensure that their use of cookies complies with UK data protection law? Put another way, are you sure personal data is not being collected by your website’s advertising cookies before users have consented to their deployment?

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Thinking - Snapshot

Irish DPC fines LinkedIn €310m for behavioural analysis and targeted advertising breaches

Published on 09 Dec 2024. By Oliver Bray, Senior Partner

How certain do data controllers need to be of their lawful basis for processing personal data when engaging in behavioural analysis and targeted advertising, and how clearly must this be reflected in a privacy policy?

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Thinking - Snapshot

Snapshots Autumn 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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Thinking - Snapshot

UK's new AI Cyber Security Code of Practice

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What is the UK's proposed AI Cyber Security Code of Practice?

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Thinking - Snapshot

EU AI Act into force 1 August 2024

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

The EU AI Act came into force across all 27 EU member states on 1 August 2024. The aim of the legislation is to ensure AI systems used in the EU are safe and transparent.

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Thinking - Snapshot

New Minister for Data Protection Sir Chris Bryant

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

On 8 July 2024, the Government appointed Sir Chris Bryant as the Minister of State for Data Protection and Telecoms (as well as Minister of State for Creative Industries, Arts and Tourism).

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Thinking - Snapshot

Social media and video sharing platforms targeted by ICO over children's privacy practices

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What must social technology platforms be aware of to ensure they are following the ICO's codes of practice for children's online safety?

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Thinking - Snapshot

Uber hit with €290m fine for transferring European driver data to its US HQ

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What does the Uber fine signal for international data transfers and the consequences of failing to comply with the EU General Data Protection Regulation (EU GDPR)?

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Thinking - Snapshot

X suspends personal data training of AI chatbot Grok following Irish DPC pressure

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

How are the data regulators addressing the use of personal data when training AI language models?

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Thinking - Snapshot

The UK's new AI Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

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Thinking - Snapshot

The UK's Digital Information and Smart Data Bill

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What can we expect from the new Digital Information and Smart Data Bill (the DISD Bill)?

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Thinking - Snapshot

Court infers novation despite 'no dealings' clause

Published on 17 Oct 2024.

Magee and others v Crocker and others [2024] EWHC 1723 (Ch)

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Thinking - Snapshot

Determining whether a default interest clause is an unenforceable penalty

Published on 17 Oct 2024.

Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721

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Thinking - Snapshot

Agent authority in contract variation

Published on 17 Oct 2024. By David Cran, Partner, Head of IP & Tech and Caroline Tuck, Partner

Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)

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Thinking - Snapshot

Contract construction – adjective at the start of a list found to qualify the entire list

Published on 17 Oct 2024.

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695

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Thinking - Snapshot

Urgently Misleading: the CMA secures undertakings from Wowcher and £4 million of customer refunds

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

When does a selling practice create a false sense of urgency that is considered misleading by the Competition and Markets Authority (CMA)?

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Thinking - Snapshot

Exemption from HFSS product restrictions for Ofcom-regulated internet protocol television (IPTV) services

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the UK Government's proposal for the incoming HFSS restrictions in relation to IPTV advertising?

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Thinking - Snapshot

CMA targets Simba for misleading online choice architecture

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What types of promotional tactics are in the Competition and Markets Authority's (CMA) line of sight when it comes to misleading online choice architecture?

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Thinking - Snapshot

CMA publishes draft guidance on enforcement of DMCCA consumer law

Published on 17 Oct 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How will the CMA look to enforce the consumer protection law sections of the recently enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA)?

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Thinking - Snapshot

Updated CAP guidance on when in-game purchases are considered 'advertising'

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?

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Thinking - Snapshot

ASA continues to scrutinise aviation green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?

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Thinking - Snapshot

ASA rules on impact of historic environmental performance on green claims

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?

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Thinking - Snapshot

IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Published on 17 Oct 2024.

What principles will guide IAB Europe in the upcoming EU legal agenda?

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Thinking - Snapshot

ASA rules that ad is not sufficient where influencers also have business interests

Published on 17 Oct 2024.

Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?

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Thinking - Snapshot

Heating and insulation green claims under CMA review

Published on 17 Oct 2024. By Oliver Bray, Senior Partner

What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?

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Thinking - Snapshot

Snapshots Summer 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

A roundup of key legal developments for the modern commercial lawyer.

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