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ICO outlines priorities and regulatory approach during the coronavirus public health emergency
How has the ICO reshaped its priorities for regulating UK data protection during COVID-19?
Read moreASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women
Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?
Read moreICO issues guidance on artificial intelligence: explaining the “black box”
What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?
Read moreGovernment publishes approach to post-Brexit trade deal with the EU
What is the Government’s approach to a post-Brexit trade deal with the EU?
Read moreWM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee
Can an employer be held vicariously liable for the actions of a rogue employee leaking data?
Read moreAshley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute
Do paper files constitute a “relevant filing system” for the purposes of subject access requests (SARs)? Can legal professional privilege (LPP) be used to block a SAR made by a data subject that is owed a duty of “joint privilege” along with the lawyer’s primary client?
Read moreGDPR Codes of Conduct and Certification schemes – the ICO is “open for business”
What is the ICO doing to make it easier for industry specific sectors to comply with GDPR? What is the benefit to businesses in adopting accredited codes of conduct?
Read moreASA ruling on ASOS – use of “affiliate” for a marketing communication
Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?
Read moreContinuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions
How might the Explanatory Framework recently published by the Department for Digital, Culture, Media & Sport (DCMS) assist with enabling the continued free flow of data between the EU and the UK post-Brexit and how might the UK Government’s approach to the COVID-19 pandemic affect this?
Read moreASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks
Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?
Read moreCookie walls and scrolling – updated EDPB guidance
Are cookie walls permissible? Can scrolling through a website constitute “consent”?
Read moreLuxury and online marketplaces – the next chapter
Coty v Amazon (C-567/18)
Read moreASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims
Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?
Read moreForce majeure and circumstances beyond reasonable control
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)
Read moreASA ruling on EE – misleading and ambiguous mobile network claims
Can mobile network providers claim superiority for a service they provide on their network in their ads?
Read moreContractual discretion; implication of Braganza duty
UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)
Read moreContractual estoppel; contractual representations
Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)
Read moreMake sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices
What are the key points to be considered when using reference pricing in your promotions?
Read moreContractual interpretation; limitation period for notifying claims
Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)
Read moreCAP’s new “Quick Guide to Advertising Consumer Surveys”
How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?
Read moreA summary of the ASA Annual Report 2019
What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?
Read moreRogue online sellers up against new UK consumer-protection weapon
What are the new powers granted to the UK’s Competition and Markets Authority (CMA) to combat rogue trading in the digital arena?
Read moreContractual interpretation; rectification
Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)
Read moreConsumer rights enhanced by the Omnibus Directive (part of the “New Deal for Consumers”)
What exactly is the Omnibus Directive? And how is it strengthening consumer rights?
Read moreASA ruling against Revival Shots
Can companies make health claims in ads for their food products?
Read moreComplying with ASA rules during a pandemic
In light of the new UK’s Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) Guidance, what do brands need to be aware of when marketing during the COVID-19 pandemic or similar “exceptional circumstances”?
Read moreASA ruling against Coral – “Have another go” and socially irresponsible gambling
How careful do you have to be when advertising repeat gambling?
Read moreCAP issues advice notice on the marketing of gambling on eSports on social media
How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?
Read moreSnapshots Spring 2020
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreGender stereotyping and “that girl boss thing”
ASA ruling against PeoplePerHour.
Read moreGender stereotyping and the use of one gender in an ad
ASA ruling against PC Specialist
Read moreInfluencer marketing, alcohol and youthful looks
ASA ruling on Sazerac UK Ltd t/a Southern Comfort
Read moreInfluencer marketing and obvious brand references
ASA ruling on idesigngold.com
Read moreNew CAP/CMA Guidance: #Ad(vice) for Influencers
What should influencers do to avoid falling foul of the Committee of Advertising Practice’s (CAP’s) standards on labelling ads?
Read moreOnline Affiliate Marketing: New CAP advice note
What should brands do to ensure that their affiliate marketing complies with the CAP Code?
Read moreNew EU Consumer Protection Co-operation Regulation comes into force
What does the revised EU Consumer Protection Cooperation Regulation (CPC) mean for traders and consumers?
Read moreEuropean Commission proposal for new Digital Services Act
What’s in the European Commission’s proposal for a new Digital Services Act (DSA)?
Read moreOnline Harms White Paper: consultation response
What has been the Government's response to the initial consultation on the Online Harms White Paper (White Paper)?
Read moreCJEU's CCTV ruling: guidance on legitimate interests processing
Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA EU:C:2019:1064
Read moreEPDB guidelines: Data Protection by Design and by Default
How familiar are you with the obligations in the GDPR to protect personal data by design and default (DPbDD)? And what practical measures can you take to help ensure compliance?
Read moreSchrems II - Advocate General's Opinion
Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd
Read moreICO issues monetary penalty notice against Cathay Pacific for data breach
When is the ICO likely to impose its maximum fine for a data breach?
Read moreICO monetary penalty notice against DSG Retail Ltd for data breach
What factors did the ICO take into account when issuing the maximum £500,000 penalty (under the old Data Protection Act) against DSG for a data security breach relating to its Point of Sale (POS) payment terminals?
Read moreAdtech and the data protection debate - where next?
How has the discussion surrounding the regulation of real-time bidding (RTB) evolved since the publishing of the ICO’s Adtech Update Report last June?
Read moreICO consults on new direct marketing code of practice
What is new about the ICO’s proposed new Direct Marketing Code of Practice (the New Code)?
Read moreTrade marks: Specifications and bad faith
Sky Plc & Ors v SkyKick UK Ltd & Anr
Read moreCopyright: Works of artistic craftsmanship and Cofemel
Response Clothing Limited v The Edinburgh Woollen Mill Limited
Read moreMinisterial statement in response to Law Commission report on electronic execution of documents
How has the government responded to the Law Commission report on electronic execution of documents?
Read moreLegal advice privilege: dominant purpose
Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)
Read moreAcquisitions: clause in SPA construed as a covenant to pay, not an indemnity
When will a clause be considered a covenant to pay as opposed to an indemnity?
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