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ICO updates its guidance on AI and data protection
What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?
Read moreICO’s new draft guidance on “likely to be accessed by children” under the Age Appropriate Design Code
When will an online service fall within the scope of the Age Appropriate Design Code?
Read moreEuropean Data Protection Board updates guidance on data breach notifications
How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?
Read moreCJEU rules on right to compensation under Article 82 EU GDPR
What must a data subject demonstrate to claim compensation for non-material damage (eg emotional distress/loss of confidence) under the EU General Data Protection Regulation (GDPR)?
Read moreIrish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers
What are the implications of the Irish Data Protection Commission’s (IDPC) ruling against Meta for data transfers from the EU/EEA to the US in breach of the EU GDPR?
Read moreEU Data Protection Board guidance on international data transfers
How does the recent guidance issued by the European Data Protection Board (EDPB) assist businesses in complying with the EU GDPR when carrying out international data transfers?
Read moreOpinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework
How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?
Read moreItalian Data Protection Authority issues fine for use of dark patterns
How can companies ensure that their websites, apps and other online interfaces comply with regulations restricting the use of dark patterns when collecting consent to the processing of personal data?
Read more2023 Gambling Act White Paper: The new age of gambling regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreEuropean Commission proposes new rules on repairing defective goods
How will the EU’s proposed withdrawal button impact businesses?
Read moreEU proposal for all distance contracts to include a withdrawal button
How will the EU’s proposed withdrawal button impact businesses?
Read moreNew ICO guidance on direct marketing and regulatory communications
When is a regulatory communication (ie a message sent in compliance with a regulator’s request) likely to be considered direct marketing?
Read moreThe Digital Markets, Competition and Consumers Bill and its impact on digital markets
What impact will the Digital Markets, Competition and Consumers Bill (DMCC), and the new Digital Markets Unit of the Competition and Markets Authority (DMU), have on the regulation of UK digital markets?
Read moreNew development – Product Security and Telecommunications Infrastructure Bill
How will the EU’s proposed withdrawal button impact businesses?
Read moreThe UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime
What are they key legislative developments proposed by the first draft of the new UK Digital Markets, Competition and Consumers Bill?
Read moreNew development General Product Safety Regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown
What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?
Read moreASA slams KSI and JD Sports for omitting #ad in online post
What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?
Read moreOFCOM consultation on advertising “less healthy” food and drink products
How are new restrictions on the advertising of less healthy food and drink products under the Health and Care Act 2022 (HCA 2022) likely to be implemented?
Read moreASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s
What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?
Read moreAvoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services
What do traders need to do to ensure online ads for free trials or promotions to subscription services comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
Read moreCMA and CAP issue stronger joint guidance on influencer marketing
What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?
Read moreCMA open letter to businesses on urgency and price reduction claims
What are urgency and price reduction claims and when will they breach consumer protection laws?
Read moreLufthansa ad campaign to protect the environment fails to fly with the ASA
Can an airline claim to be protecting the environment?
Read moreSocial media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication
What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?
Read moreNew legislation proposed to bring FCA regulation to cryptoasset promotions
What will the Government’s new legislation mean for the promotion of cryptoassets?
Read moreASA ends Etihad Airways’ “sustainable aviation” campaign
What went wrong with Etihad’s claim about their commitment to “sustainable aviation” and why did the ASA hold it in breach of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
Read moreASA rules against use of filters to promote beauty products
How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreDCMS publishes new Code of Practice for app developers and app store operators
What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?
Read moreNew Metaverse regulation proposal to be discussed by EU Commission
How does the European Commission (EC) intend to regulate the Metaverse?
Read moreOnline Safety Bill: Latest amendments increase focus on children safety
What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?
Read moreICO publishes guidance on compliance of game design with the Children’s Code
What steps can game designers take to ensure their games comply with the Children’s Code?
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreCMA issues guidance on influencer marketing, including #ad for gifts (!)
What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?
Read moreA move away from the formulaic approach to the contractual duty of good faith
Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371
Read moreContract formation certainty of terms
Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm)
Read moreContractual allocation of risk and common mistake
John Lobb SAS v John Lobb Limited [2022] EWHC 2306 (Ch)
Read moreHSBC finds itself in hot water over climate change claims
What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?
Read moreImproper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation
Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?
Read moreForce majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract
Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?
Read moreImplied novation by conduct despite contract requiring variations and termination to be in writing
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?
Read moreEuropean Parliament adopts the Digital Markets Act and the Digital Services Act
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?
Read moreThe EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
Read moreUK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
Read moreOfcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
Read moreUK Government sets out proposals for regulation of AI
What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?
Read moreSnapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreEuropean Commission publishes Q&As on the new Standard Contractual Clauses
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)?
Read moreICO to focus on vulnerable and disadvantaged in new three-year plan
How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?
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