Snapshots Winter 2020

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

In this edition we have;

Commercial cases

• Material Adverse Change Clauses: Use of a MAC Clause during a Global Pandemic (Travelport Ltd v Wex Inc [2020] EWHC 2670 (Comm). Read more
• Exclusion Clauses: The Meaning of “Lost Goodwill” (Primus International Holding Co v Triumph Controls – UK Ltd [2020] EWCA Civ 1228). Read more
• Breach of Contract: The Privy Court Considers Remoteness of Damage (Attorney General of the Virgin Islands v Global Water Associates Ltd [2020] UKPC 18). Read more
  

Intellectual Property

• Confidentiality and Trade Secrets: Interim Injunction in Trade Secrets Claim (Shenzhen Senior Technology Material Co Ltd v Celgard LLC [2020] EWCA Civ 1293). Read more
• Breach of Confidence: Raceday Data is not Confidential Information (The Racing Partnership Ltd and others v Sports Information Services Ltd [2020] EWCA Civ 1300). Read more

Data protection

• Data Subject Access Requests: ICO publishes new detailed DSAR guidance. Read more
• Regulatory Response to Data Breaches: British Airways slapped with biggest ever fine for data breach. Read more
• Statutory Guidance on Regulatory Action: ICO consults on its draft guidance. Read more
• Controllers and Processors: EDPB publishes guidance on the difference between controllers and processors under the GDPR. Read more
• Regulatory Sandbox: ICO re-opens its guidance service for safer data innovation. Read more
• Standard Contractual Clauses: European Commission releases new draft Standard Contractual Clauses. Read more
• Schrems II: EDPB publishes its long-awaited guidance on Schrems II ruling. Read more
• Mass Surveillance: CJEU rules that the UK’s “mass surveillance” regime is out of line with EU law. Read more

Digital

• Revised Audiovisual Media Services Directive: the UK implements new online content rules. Read more
• The European Electronic Communications Code: UK faces major telecoms regulation overhaul courtesy of the EECC. Read more

Consumer

• Consumer Penalty Terms: A holistic assessment of the fairness of penalty terms in consumer contracts. Read more
• Ownership of Goods: Law Commission consults on draft Bill to modernize the rules on ownership of goods under sales contracts. Read more
• Smart Products: UK Government eyes up new legislation for “smart” products. Read more

Advertising

• An end to celebrity endorsements in gambling ads? CAP and BCAP consult on tougher rules for gambling advertising. Read more
• ASA ruling on Foxy Games: gambling ad deemed socially irresponsible. Read more
• ASA ruling on Gala Spins: Self-reporting age is deemed inadequate as a means of protecting underage viewers from gambling ads. Read more
• ASA ruling on Skinny Clinic: ads promoting weight loss products deemed irresponsible and at risk of endangering public health. Read more
• ASA ruling on Jamella t/a GHD: Influencer and brand under fire for failing to clearly identify marketing communication on TikTok (Jamella t/a GHD in association with Emily Canham). Read more
• “Loot boxes” and other in-game purchases: ASA launches consultation. Read more