Snapshots - Summer 2021
A roundup of key legal developments for the modern commercial lawyer.
Snapshots seeks to cover everything the commercial lawyer needs to know from the previous quarter, aiming to address all the major changes affecting commercial law, from the key cases to data, digital, consumer and advertising developments.
Commercial
- Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail
- Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims
- Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach
- High Court denies applicability of an exclusion clause due to convoluted terms and conditions
- Terms implied into a break right limited the capability to exercise the right
- Search engines can infringe sui generis rights when copying databases if it adversely affects database maker investment
- High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test
Data
- UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee
- EU Commission publishes final versions of its new Standard Contractual Clauses
- European Parliament asks European Commission for guidance post-Schrems II
- ICO fines American Express for blurring service emails with marketing emails
- Data Sharing Code of Practice goes before UK Parliament
- First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action
Digital
Consumer
Advertising
- Sexualisation and objectification in advertising
- Advertising cryptocurrencies – staying on the right side of the regulatory line
- Ofcom consults on advertising on video-sharing platforms
- ASA research into racial and ethnic stereotyping in ads
- How not to run an influencer prize promotion
- #ad your advertising posts on social media
Asia
Access the full Snapshots update for Summer 2021
Stay connected and subscribe to our latest insights and views
Subscribe Here