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Snapshots Autumn 2021: Your advertising and marketing fix
A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the advertising and marketing world.
Read moreSnapshots Autumn 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreConsumer surveys and Vodafone’s “The UK’s best…” claim
Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?
Read moreSupreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC
Read moreHigh Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence
Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)
Read moreNon-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses
Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32
Read moreCourt of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk
Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149
Read moreSupreme Court confirms (and confines the scope of) the doctrine of economic duress
Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC
Read moreCMA threatens Groupon with court action over consumer practices
What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?
Read moreGovernment consults on reforms to consumer protection law
What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?
Read moreCTSI publishes guide on vulnerable consumers
Will the UK Government bring in more robust legislation to protect vulnerable consumers?
Read moreUK Government extends deadline to cease using CE marking until 2023
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?
Read moreDCMS consults on plans to reform UK data protection regime
What does the Government have in mind for the future of the UK’s data compliance landscape?
Read moreICO releases summary of discussions between G7 data protection authorities
How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?
Read moreDCMS announces post-Brexit global data plan for the UK
How will the UK become a “business friendly” country for international data transfers?
Read moreICO approves first certification scheme criteria under the GDPR
How can the Information Commissioner’s Office (ICO) help businesses and other organisations demonstrate that they comply with data protection standards?
Read moreICO consults on new draft international data transfer proposals
What steps are being proposed by the UK’s ICO to protect personal data being transferred outside the UK?
Read moreICO publishes guidance on three standards of Children’s Code
What must organisations do, or avoid doing, to meet the “best interests of the child”, “detrimental use of data” and “data minimisation” standards of the Children’s Code?
Read moreGovernment publishes online safety guidance for businesses
What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?
Read moreLaw Commission publishes reforms targeting serious harm arising from online abuse.
Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?
Read moreNGO submits complaints on allegedly discriminatory algorithms for job ads
How can online platforms ensure their ad targeting algorithms are non-discriminatory?
Read moreDCMS publishes policy paper on digital competition regulation
How does the Government plan to drive growth and innovation in digital technologies?
Read moreDCMS and BEIS consult on new pro-competition regime for digital markets
What will a future pro-competition regime look like for digital markets and how will it potentially impact businesses operating in the digital marketplace?
Read moreSnapshots - Summer 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK government publishes draft Online Safety Bill
How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?
Read moreASA research into racial and ethnic stereotyping in ads
To what extent do racial and ethnic stereotypes, when featured in ads, contribute to real world harms and how might this type of stereotyping be regulated in the future?
Read moreSexualisation and objectification in advertising
Where does the ASA draw the line between “sexy” advertising and sexual objectification?
Read moreHow not to run an influencer prize promotion
If you’re an influencer with a substantial following, and you plan on running a free prize draw, how careful do you need to be in selecting the winner from the (likely) huge number of responses?
Read moreOfcom consults on advertising on video-sharing platforms
What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?
Read moreAdvertising cryptocurrencies – staying on the right side of the regulatory line
What are the key issues to be alive to when advertising cryptocurrencies and NFTs?
Read more#ad your advertising posts on social media
How much more reminding do influencers, and the brands working with them, need to ensure that all social media posts which advertise products or services are tagged with #ad?!
Read moreSingapore High Court denies first-ever private action brought under the PDPA
What is the definition of “loss or damage”, a threshold requirement which data subjects need to satisfy to pursue a right of private action under the Personal Data Protection Act 2021 (the PDPA)? Specifically, will emotional distress and/or loss of control over personal data suffered by data subjects fall within the definition of “loss or damage”?
Read moreUK Law Commission launches call for evidence on digital and crypto assets
How ready is English law to accommodate emerging technologies, in particular digital assets?
Read moreEuropean Commission looks to strengthen the Code of Practice on Disinformation
What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?
Read moreEuropean Commission proposes new rules on AI
How will future EU regulations affect the development of artificial intelligence (AI)?
Read moreFacebook combats fake reviews following CMA pressure
What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?
Read moreTackling the issue of “doxxing” in Hong Kong
What legislative changes are being considered in Hong Kong to address the rise in doxxing cases and the resulting harm caused to the affected data subjects?
Read moreCMA to publish “greenwashing” guidance in Autumn 2021
What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?
Read moreCMA targets anti-virus software companies on subscription auto-renewals
What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?
Read moreCMA continues consultation on potential harms caused by algorithms
What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?
Read moreSnapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreICO launches data analytics toolkit
What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?
Read moreUK publishes response to consultation on online harms
What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?
Read moreICO resumes investigation into real time bidding (RTB) and AdTech
What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?
Read moreData privacy in China Measures for the Supervision and Administration of Online Transactions
On 15 March 2021, the State Administration for Market Regulation in Mainland China officially approved the Measures for the Supervision and Administration of Online Transactions (the “Measures”), which came into force on 1 May 2021.
Read moreCatching up data privacy laws in Asia are changing
The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.
Read moreUnfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance
When should the fairness of a term be assessed in a consumer contract?
Read morePenalty clause regarding IP rights harsh but not unenforceable
Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)
Read moreThe Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)
Read moreThe EDPS publishes its opinion on the Digital Services Act and Digital Markets Act
The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?
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