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Regulatory update - January 2020
Welcome to the January edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.
Read moreRegulatory update - December 2019
Welcome to the December edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.
Read moreRegulatory update - November 2019
Welcome to the November edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.
Read moreRegulatory update - October 2019
Welcome to the October edition of our monthly Regulatory update, which aims to pull together key developments from across the various UK regulators – and help you to navigate the regulatory maze.
Read moreUK Data (Use and Access) Act comes into force
What are the key elements of the UK’s new Data (Use and Access) Act (DUAA)?
Read moreICO publishes new guidance on anonymisation and pseudonymisation
What are the ICO's latest key recommendations for effective anonymisation and pseudonymisation of personal data?
Read moreEncryption under scrutiny: what the ICO’s new guidance means for your business
What is the ICO's current thinking around encryption practices where organisations are subject to the UK GDPR?
Read more€530m TikTok fine highlights the importance of effective international data transfer mechanisms
What were the missing compliance elements in TikTok's international data transfers to China and why did these result in such a significant fine?
Read moreSHEIN faces EU scrutiny over consumer law violations
Following a coordinated investigation at European level, SHEIN has been notified that certain of its platform practices infringe EU consumer law, with fake discounts, the use of pressure selling tactics, and unclear returns policies, being examples cited by the Commission.
Read moreCMA secures undertakings from Amazon to combat fake reviews
What do Amazon’s undertakings reveal about the CMA’s expectations for businesses in complying with consumer protection laws on fake reviews?
Read moreCMA consults on draft price transparency guidance under the DMCCA
What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
Read moreGreen claims update
In a shock last minute U-turn, the European Commission proposed withdrawing the Green Claims Directive over concerns about the regulatory burden, particularly for SMEs, of getting green claims independently verified.
Read moreCJEU rules on comparative advertising and online comparison services
Does an online comparison service fall within the remit of the comparative advertising rules contained in the Misleading and Comparative Advertising Directive (2006/114/EC)?
Read moreCAP issues guidance on use of AI in ads
When does the use of AI need to be disclosed in ads?
Read moreBrand-only ads excluded from restrictions on advertising "less healthy" food and drink products
Do the new restrictions on advertising "less healthy" food and drink products apply to brand-only advertising?
Read moreASA rules against brand for an ad it had never seen
Are brands responsible for third-party advertising of their products, even when they never directly authorised (or had ever seen) those ads?
Read moreASA & CAP's focus on AI influencer ad disclosures
What top tips can be taken from the UK Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) in their recent Annual Report for 2024 and report on Influencer Ad Disclosure on Social Media (Influencer Report)?
Read moreHigh Court rules against Sky Betting’s targeted marketing
What constitutes valid consent under UK data protection law, particularly in the context of targeted marketing to vulnerable individuals?
Read moreStatus update on the UK’s new Data (Use and Access) Bill
The UK’s new Data (Use and Access) Bill (DUA Bill) is on its way, but where is it in the legislative process? And what are proving the sticking points?
Read moreDeveloping responsible GenAI – the UK and EU regulatory view
What is the UK and EU data protection authorities’ view on ensuring responsible generative AI (GenAI) development and deployment?
Read moreEuropean Data Protection Board adopts statement on age assurance technologies
How is the European Data Protection Board (EDPB) proposing to address the benefits and risks of age assurance technologies?
Read moreNew ICO guidance for “consent or pay” online ads
What is the view of the UK Information Commissioner’s Office (ICO) on whether “consent or pay” online advertising models are compliant with UK data protection law?
Read moreContract formation: use of emoji showed objective intention to enter into contract
Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?
Read moreCourt of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits
How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?
Read moreSupreme Court determines that the parties’ common intention decides whether a contract is varied or replaced
How will a court determine whether a contract has been varied or replaced?
Read moreVariation of contract by email valid without expressly referring to exercise of contractual right
How will a court determine the formality requirements for a valid contract variation?
Read moreThe EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!
What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?
Read moreEU Guidance on the AI Act
How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?
Read moreThe Online Safety Act: Illegal Harms Codes officially in force, focus now on children
What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?
Read moreThe UK Government’s consultation on Copyright and AI
How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?
Read moreUK’s new AI Cyber Security Code of Practice
How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?
Read moreUK’s “AI Opportunities Action Plan”
How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?
Read more“Ronan’s Law” to impact retailer and online platform liability for knife sales
How will the UK’s proposal to crack down on the online sale of knives impact retailers?
Read moreEU “ecodesign” product regulation lands, together with new digital product passport
What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?
Read moreEU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes
How concerned should online marketplaces be about new EU rules on e-commerce imports?
Read moreEU Online Dispute Regulation Platform discontinued!
The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts
Read moreCJEU considering liability of App Store providers for unlawful loot boxes
Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?
Read moreCMA guidance on unfair commercial practices under the DMCCA
What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
Read moreCMA’s enforcement road map for the new DMCCA plus consumer protection priorities
Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?
Read moreGreen claims update
The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.
Read moreASA gets tougher on brand advertising for “less healthy” food and drink products
What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?
Read moreUK advertising codes to be amended to reflect new DMCCA
What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?
Read moreTravel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
Read moreASA rules against telecoms companies on mid-contract price rises
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?
Read moreHarmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics
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?
Read moreInfluencer posts and affiliate links: the whole marketing chain must know the rules
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?
Read moreRound up of recent green claims
Round up of recent green claims: Key updates and sector-specific updates
Read moreEffect of a contractual liability cap on set-off and contractual interest
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?
Read moreAgreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract
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?
Read moreConstruing material adverse effect/material adverse change clauses
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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