Skip to main content

Search results

763 results ordered by

Thinking - Snapshot

Law Commission publishes reforms targeting serious harm arising from online abuse.

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

Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?

Read more
Thinking - Snapshot

NGO submits complaints on allegedly discriminatory algorithms for job ads

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

How can online platforms ensure their ad targeting algorithms are non-discriminatory?

Read more
Thinking - Snapshot

DCMS publishes policy paper on digital competition regulation

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

How does the Government plan to drive growth and innovation in digital technologies?

Read more
Thinking - Snapshot

DCMS and BEIS consult on new pro-competition regime for digital markets

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

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 more
Thinking - Snapshot

Snapshots - Summer 2021

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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

Read more
Thinking - Snapshot

UK government publishes draft Online Safety Bill

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?

Read more
Thinking - Snapshot

ASA research into racial and ethnic stereotyping in ads

Published on 02 Aug 2021.

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 more
Thinking - Snapshot

Sexualisation and objectification in advertising

Published on 02 Aug 2021.

Where does the ASA draw the line between “sexy” advertising and sexual objectification?

Read more
Thinking - Snapshot

How not to run an influencer prize promotion

Published on 02 Aug 2021.

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 more
Thinking - Snapshot

Ofcom consults on advertising on video-sharing platforms

Published on 02 Aug 2021.

What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?

Read more
Thinking - Snapshot

Advertising cryptocurrencies – staying on the right side of the regulatory line

Published on 02 Aug 2021.

What are the key issues to be alive to when advertising cryptocurrencies and NFTs?

Read more
Thinking - Snapshot

#ad your advertising posts on social media

Published on 02 Aug 2021.

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 more
Thinking - Snapshot

UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What were the grounds of objection by the EU’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) to the EU’s decision to grant the UK adequacy for EU-UK data transfers?

Read more
Thinking - Snapshot

European Parliament asks European Commission for guidance post-Schrems II

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

Where next for Schrems II?

Read more
Thinking - Snapshot

First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?

Read more
Thinking - Snapshot

EU Commission publishes final versions of its new Standard Contractual Clauses

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?

Read more
Thinking - Snapshot

ICO fines American Express for blurring service emails with marketing emails

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What is the difference between service emails and marketing emails, and what happens if you get it wrong?

Read more
Thinking - Snapshot

Data Sharing Code of Practice goes before UK Parliament

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?

Read more
Thinking - Snapshot

Singapore High Court denies first-ever private action brought under the PDPA

Published on 02 Aug 2021. By Jonathan Crompton, Partner

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 more
Thinking - Snapshot

Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)

Read more
Thinking - Snapshot

Terms implied into a break right limited the capability to exercise the right

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

Read more
Thinking - Snapshot

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

Read more
Thinking - Snapshot

Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638

Read more
Thinking - Snapshot

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

Read more
Thinking - Snapshot

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

Read more
Thinking - Snapshot

UK Law Commission launches call for evidence on digital and crypto assets

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

How ready is English law to accommodate emerging technologies, in particular digital assets?

Read more
Thinking - Snapshot

European Commission looks to strengthen the Code of Practice on Disinformation

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?

Read more
Thinking - Snapshot

European Commission proposes new rules on AI

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

How will future EU regulations affect the development of artificial intelligence (AI)?

Read more
Thinking - Snapshot

Facebook combats fake reviews following CMA pressure

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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 more
Thinking - Snapshot

Tackling the issue of “doxxing” in Hong Kong

Published on 02 Aug 2021. By Jonathan Crompton, Partner

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 more
Thinking - Snapshot

CMA to publish “greenwashing” guidance in Autumn 2021

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?

Read more
Thinking - Snapshot

CMA targets anti-virus software companies on subscription auto-renewals

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?

Read more
Thinking - Snapshot

CMA continues consultation on potential harms caused by algorithms

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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 more
Thinking - Snapshot

Snapshots - Spring 2021

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

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

Read more
Thinking - Snapshot

ICO launches data analytics toolkit

Published on 09 Jun 2021.

What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?

Read more
Thinking - Snapshot

Snapshots Spring 2021: Your data fix

Published on 09 Jun 2021.

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

Read more
Thinking - Snapshot

UK publishes response to consultation on online harms

Published on 09 Jun 2021.

What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?

Read more
Thinking - Snapshot

ICO resumes investigation into real time bidding (RTB) and AdTech

Published on 09 Jun 2021.

What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?

Read more
Thinking - Snapshot

Data privacy in China Measures for the Supervision and Administration of Online Transactions

Published on 09 Jun 2021. By Jonathan Crompton, Partner

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 more
Thinking - Snapshot

Catching up data privacy laws in Asia are changing

Published on 09 Jun 2021. By Jonathan Crompton, Partner

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 more
Thinking - Snapshot

Unfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance

Published on 09 Jun 2021.

When should the fairness of a term be assessed in a consumer contract?

Read more
Thinking - Snapshot

Penalty clause regarding IP rights harsh but not unenforceable

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)

Read more
Thinking - Snapshot

The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)

Read more
Thinking - Snapshot

Commercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)

Read more
Thinking - Snapshot

Ofcom introduces new rules protecting the mental health of those participating in TV and radio

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?

Read more
Thinking - Snapshot

The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

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)?

Read more
Thinking - Snapshot

European Commission awards draft adequacy decision to the UK

Published on 09 Jun 2021.

How can data transfers between the UK and the EU be securely and legally executed following Brexit?

Read more
Thinking - Snapshot

Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose

Published on 09 Jun 2021.

Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?

Read more
Thinking - Snapshot

DCMS publishes prototype trust framework on digital identity products and services

Published on 09 Jun 2021.

What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?

Read more
Thinking - Snapshot

Leads Works lands £250,000 fine for sending marketing messages without consent

Published on 09 Jun 2021.

What level of fine are you looking at for sending mass marketing messages without consent?

Read more

Stay connected and subscribe to our latest insights and views 

Subscribe Here