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Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

Improper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?

Force majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?

Implied novation by conduct despite contract requiring variations and termination to be in writing

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?

European Parliament adopts the Digital Markets Act and the Digital Services Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?

The EU Accessibility Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?

UK announces new copyright exemption for text and data mining to promote AI development

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?

Ofcom prepares for implementation of Online Safety Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?

Snapshots Autumn 2022

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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

European Commission publishes Q&As on the new Standard Contractual Clauses

Published on 10 Oct 2022.

What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?

ICO to focus on vulnerable and disadvantaged in new three-year plan

Published on 10 Oct 2022.

How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?

The UK’s new Data Protection and Digital Information Bill

Published on 10 Oct 2022.

Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?

Restraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?

Court of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?

The new Product Security and Telecommunications Infrastructure Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?

European Commission forces consumer and advertising changes on TikTok

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?

ASA rules on #ad disclosure for director’s social media posts

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

Do the ASA’s rules on advertising disclosure extend to directors and other employees posting on social media?

ASA raps podcast for not being easily identifiable as an ad

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?

CMA investigates ASOS, Boohoo and Asda over “greenwashing"

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?

The ASA’s new Intermediary and Platform Principles Pilot

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?

New ASA guidance on enhanced disclosure of ads aimed at children

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What advertising disclosures does the ASA expect in advertising targeted at children?

DCMS launches consultation on intervention into app security and privacy

Published on 28 Jul 2022.

Will a new voluntary Code of Practice encourage better practices amongst app developers and operators to tackle cybercrime?

ICO fines Clearview AI over £7.5m for facial recognition database

Published on 28 Jul 2022.

How are public bodies and regulators responding to the rise in use of facial recognition technology?

European Commission and US announce “in principle” agreement on Trans-Atlantic Data Privacy Framework

Published on 28 Jul 2022.

Are we any nearer to a new transatlantic data privacy framework?

ECJ allows consumer protection associations to bring actions for data protection rights infringement

Published on 28 Jul 2022.

Does the General Data Protection Regulation (GDPR) enable consumer protection associations to bring legal proceedings against persons responsible for breaching data protection laws, even if they are acting without the involvement of a consumer?

Snapshots Summer 2022

Published on 03 Jun 2022. By Oliver Bray, Senior Partner

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

CMA secures changes to Xbox auto-renewal practices

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?

Amended Digital Services Act adopted by European Parliament

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?

Ofcom guidance on advertising on video-sharing platforms

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?

Snapshots Winter 2021

Published on 17 Jan 2022. By Oliver Bray, Senior Partner

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

Apple’s changes in privacy settings results in Snap shareholder class action

Published on 17 Jan 2022.

Snapshots Autumn 2021: Your consumer fix

Published on 26 Nov 2021. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the consumer world.

Snapshots Autumn 2021: Your digital fix

Published on 26 Nov 2021. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the digital world.

Snapshots Autumn 2021: Your data fix

Published on 26 Nov 2021. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the data world.

Snapshots Autumn 2021: Your advertising and marketing fix

Published on 26 Nov 2021. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the advertising and marketing world.

Snapshots Autumn 2021

Published on 25 Nov 2021. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

Consumer surveys and Vodafone’s “The UK’s best…” claim

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?

Supreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap

Published on 25 Nov 2021. By David Cran, Partner, Head of IP & Tech

Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC

High Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence

Published on 25 Nov 2021. By David Cran, Partner, Head of IP & Tech

Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)

Non-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses

Published on 25 Nov 2021. By David Cran, Partner, Head of IP & Tech

Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32

Court of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk

Published on 25 Nov 2021. By David Cran, Partner, Head of IP & Tech

Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149

Supreme Court confirms (and confines the scope of) the doctrine of economic duress

Published on 25 Nov 2021. By David Cran, Partner, Head of IP & Tech

Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC

CMA threatens Groupon with court action over consumer practices

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?

Government consults on reforms to consumer protection law

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?

CTSI publishes guide on vulnerable consumers

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Will the UK Government bring in more robust legislation to protect vulnerable consumers?

UK Government extends deadline to cease using CE marking until 2023

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Why has the UK Government extended the deadline for use of the CE product marking for manufactured goods placed on the market in Great Britain to 1 January 2023?

DCMS consults on plans to reform UK data protection regime

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What does the Government have in mind for the future of the UK’s data compliance landscape?

ICO releases summary of discussions between G7 data protection authorities

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?

DCMS announces post-Brexit global data plan for the UK

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How will the UK become a “business friendly” country for international data transfers?