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Thinking - Snapshot

ICO updates its guidance on AI and data protection

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

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ICO’s new draft guidance on “likely to be accessed by children” under the Age Appropriate Design Code

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

When will an online service fall within the scope of the Age Appropriate Design Code?

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European Data Protection Board updates guidance on data breach notifications

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?

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CJEU rules on right to compensation under Article 82 EU GDPR

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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)?

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Irish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

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EU Data Protection Board guidance on international data transfers

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

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Opinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?

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Italian Data Protection Authority issues fine for use of dark patterns

Published on 07 Jul 2023. By David Cran, Partner, Head of IP & Tech

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?

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2023 Gambling Act White Paper: The new age of gambling regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

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European Commission proposes new rules on repairing defective goods

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

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EU proposal for all distance contracts to include a withdrawal button

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

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New ICO guidance on direct marketing and regulatory communications

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

When is a regulatory communication (ie a message sent in compliance with a regulator’s request) likely to be considered direct marketing?

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Thinking - Snapshot

The Digital Markets, Competition and Consumers Bill and its impact on digital markets

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

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New development – Product Security and Telecommunications Infrastructure Bill

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

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The UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are they key legislative developments proposed by the first draft of the new UK Digital Markets, Competition and Consumers Bill?

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New development General Product Safety Regulation

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

How will the EU’s proposed withdrawal button impact businesses?

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ASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?

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Thinking - Snapshot

ASA slams KSI and JD Sports for omitting #ad in online post

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?

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Thinking - Snapshot

OFCOM consultation on advertising “less healthy” food and drink products

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

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ASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?

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Thinking - Snapshot

Avoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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)?

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CMA and CAP issue stronger joint guidance on influencer marketing

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?

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Thinking - Snapshot

CMA open letter to businesses on urgency and price reduction claims

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are urgency and price reduction claims and when will they breach consumer protection laws?

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Lufthansa ad campaign to protect the environment fails to fly with the ASA

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

Can an airline claim to be protecting the environment?

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Thinking - Snapshot

Social media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?

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Thinking - Snapshot

New legislation proposed to bring FCA regulation to cryptoasset promotions

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What will the Government’s new legislation mean for the promotion of cryptoassets?

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ASA ends Etihad Airways’ “sustainable aviation” campaign

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

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)?

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Thinking - Snapshot

ASA rules against use of filters to promote beauty products

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

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?

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Thinking - Snapshot

Snapshots Spring 2023

Published on 31 Mar 2023. 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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DCMS publishes new Code of Practice for app developers and app store operators

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

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)?

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New Metaverse regulation proposal to be discussed by EU Commission

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

How does the European Commission (EC) intend to regulate the Metaverse?

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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?

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ICO publishes guidance on compliance of game design with the Children’s Code

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

What steps can game designers take to ensure their games comply with the Children’s Code?

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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.

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Thinking - Snapshot

CMA issues guidance on influencer marketing, including #ad for gifts (!)

Published on 23 Dec 2022. By Oliver Bray, Senior Partner

What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?

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Thinking - Snapshot

A move away from the formulaic approach to the contractual duty of good faith

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

Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371

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Thinking - Snapshot

Contract formation certainty of terms

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

Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm)

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Contractual allocation of risk and common mistake

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

John Lobb SAS v John Lobb Limited [2022] EWHC 2306 (Ch)

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HSBC finds itself in hot water over climate change claims

Published on 22 Dec 2022. By Oliver Bray, Senior Partner

What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?

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Thinking - Snapshot

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?

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Thinking - Snapshot

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?

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Thinking - Snapshot

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?

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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?

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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?

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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?

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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?

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UK Government sets out proposals for regulation of AI

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

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Snapshots Autumn 2022

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

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

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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)?

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Thinking - Snapshot

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?

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