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EU publishes draft Code for general-purpose AI models
What measures are proposed by the EU AI Office to regulate general-purpose AI (GPAI) models?
Read moreOfcom rolls out implementation phases for compliance with the Online Safety Act
What is Ofcom’s timeframe for implementation of the Online Safety Act (OSA) and what actions will in-scope services need to take to ensure compliance?
Read moreNew Safer Phones Bill aims at “making social media less addictive” for young people
How does the Safer Phones Bill intend to protect young people online?
Read moreTwo years on from the Digital Services Act
How has the European Commission (Commission) enforced the Digital Services Act (DSA) since its inception?
Read moreHarmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics
What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?
Read moreAgreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract
Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?
Read moreInfluencer posts and affiliate links: the whole marketing chain must know the rules
Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?
Read moreConstruing material adverse effect/material adverse change clauses
How did the courts go about construing a material adverse effect definition (MAE) in a share purchase agreement (SPA) to determine whether an event constituted a MAE so as to discharge the buyers from their obligation to close the transaction?
Read moreTravel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
Read moreReasonable notice termination not construed or implied into a contract with detailed termination provisions
Where a contract contains comprehensive termination provisions, in what circumstances will the court avoid construing or implying an additional right to terminate on reasonable notice?
Read moreASA rules against telecoms companies on mid-contract price rises
What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?
Read moreEffect of a contractual liability cap on set-off and contractual interest
Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?
Read moreRound up of recent green claims
Round up of recent green claims: Key updates and sector-specific updates
Read moreSnapshots Winter 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreCourt infers novation despite 'no dealings' clause
Magee and others v Crocker and others [2024] EWHC 1723 (Ch)
Read moreDetermining whether a default interest clause is an unenforceable penalty
Houssein & Others v London Credit Limited & Another [2024] EWCA Civ 721
Read moreAgent authority in contract variation
Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch)
Read moreContract construction – adjective at the start of a list found to qualify the entire list
Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695
Read moreUpdated CAP guidance on when in-game purchases are considered 'advertising'
When and how does the CAP Code apply to the advertising of in-game purchases such as "loot boxes" in apps and video games?
Read moreASA continues to scrutinise aviation green claims
What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry?
Read moreASA rules on impact of historic environmental performance on green claims
How does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims?
Read moreIAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda
What principles will guide IAB Europe in the upcoming EU legal agenda?
Read moreASA rules that ad is not sufficient where influencers also have business interests
Why could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them?
Read moreHeating and insulation green claims under CMA review
What is the Competition and Markets Authority's (CMA) new guidance on the marketing of heating and insulation products and how does this fit into the wider consumer protection picture?
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreASA & CAP publish Annual Report for 2023
What are the hot topics for the UK’s Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) and how are they embracing AI in their enforcement strategy?
Read moreNew Ofcom guidance on subtitling, audio description and signing tools for broadcasters
What areas do broadcasters need to focus on to meet Ofcom’s new requirements around the quality of access services?
Read moreEU cracks down on greenwashing in aviation
What does the EU’s targeting of 20 airlines say about it’s increasingly low tolerance for misleading green claims?
Read moreASA revises ruling on sexual objectification in FKA Twigs Calvin Klein ad
When does an overtly sexual ad not cross the line into sexual objectification?
Read moreASA publishes research on green claims in food & beverage industry
What did the ASA find in its research into green claims being made about meat, dairy and plant-based alternative food and drink products?
Read moreFCA guidance on financial promotions in social media
What requirements must those making financial promotions on social media follow under the FCA’s new guidance?
Read moreUK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot
What is the AI and Digital Hub and how can AI innovators use it?
Read moreEU designates Apple a gatekeeper for iPadOS but not for iMessage
Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?
Read moreOnline Safety Act: Ofcom consults on draft codes to protect children online
What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?
Read moreWhat in the AI is going on… April to June 2024
Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.
Read moreEU AI Act is signed!
What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?
Read moreCMA publishes update paper on AI Foundation Models
What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?
Read moreNew EU guidelines on mitigating risks for electoral
What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?
Read moreNotice of claim clauses – interpreting broad and general terms such as “the nature of the claim” and “in reasonable detail”
Read moreLimitation and exclusion of liability – financial caps and loss of profit
Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185
Read moreContractual interpretation of force majeure clause containing “reasonable endeavours” obligation
RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18
Read moreEffective incorporation of terms in consumer contracts – sufficiently signposting online terms using click wrap processes
Parker-Grennan v Camelot UK Lotteries Limited [2024] EWCA Civ 185
Read morePrivity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement
Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors [2023] EWHC 3007 (Comm)
Read moreASA rules against airlines for misleading green claims in paid-for ads
Will it ever be possible for airlines to advertise themselves as being environmentally friendly?
Read moreCAP and BCAP consultation on restrictions on ads for “less healthy” foods
How is the ASA going to police new rules on advertising “less healthy” food and drinks (Less Healthy Products)?
Read moreApplying limitation of liability clause to primary obligation to pay for goods
Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB)
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreASA publishes final report on Intermediary and Platform Principles Pilot
How have the main digital platforms responded to the ASA’s year long Intermediary and Platform Principles Pilot initiative (the IPP)?
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
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