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Law 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 moreUK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee
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 moreEuropean Parliament asks European Commission for guidance post-Schrems II
Where next for Schrems II?
Read moreFirst-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action
Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?
Read moreEU Commission publishes final versions of its new Standard Contractual Clauses
What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?
Read moreICO fines American Express for blurring service emails with marketing emails
What is the difference between service emails and marketing emails, and what happens if you get it wrong?
Read moreData Sharing Code of Practice goes before UK Parliament
What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?
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 moreStandard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach
Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)
Read moreTerms implied into a break right limited the capability to exercise the right
Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)
Read moreCourts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims
MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)
Read moreCourt of Appeal holds that notice of tax covenant claim is valid, despite lack of detail
Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638
Read moreHigh Court denies applicability of an exclusion clause due to convoluted terms and conditions
Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)
Read moreHigh Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test
Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)
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 moreSnapshots Spring 2021: Your data fix
A roundup of key legal developments in data for the modern commercial lawyer.
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 moreCommercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters
Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)
Read moreOfcom introduces new rules protecting the mental health of those participating in TV and radio
The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?
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)?
Read moreEuropean Commission awards draft adequacy decision to the UK
How can data transfers between the UK and the EU be securely and legally executed following Brexit?
Read moreData Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose
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 moreDCMS publishes prototype trust framework on digital identity products and services
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 moreLeads Works lands £250,000 fine for sending marketing messages without consent
What level of fine are you looking at for sending mass marketing messages without consent?
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