Snapshots Winter 2023
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
- Exclusion clauses – loss of profits and wasted expenditure
- Incorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms
- Interest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages
- SPA breach of warranty claim – interpreting a no material adverse change warranty
- Excluding statutory implied terms – inequality of bargaining power considerations
- Express and implied good faith obligations and relational contracts
Data
- Clearview AI cleared of £7.5m ICO fine for processing data outside the UK
- ICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot
- ICO publishes guidance to ensure lawful monitoring in the workplace
- ICO publishes its draft “Data Protection Fining Guidance” for public consultation
- EU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR
- New Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive
Digital
- What the AI is going on September to November 2023
- AI Safety Summit and the Bletchley Declaration
- G7 AI Regulation a new international code of conduct on regulating AI
- President Bidens Executive Order How the US is planning to tame AI
- New amendments to the Digital Markets Competition and Consumers Bill
- Reduced scanning obligations proposed for interpersonal communications services
- Government makes changes to voluntary code of practice
Consumer
- Ofcom issues draft guidance and launches consultation on the Online Safety Act 2023
- Last chance saloon: EU consumers only have one opportunity to withdraw from auto-renewing subscription contracts
- European consumer group files greenwashing complaint over water bottle recyclability
- Platforms with Irish HQs win EU case to follow Irish law
- New Development: European Parliament adopts draft report to address the addictiveness of digital platforms
Advertising
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