Retail therapy

Thinking - Publication

Retail Compass Autumn 2024

Published on 02 October 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the autumn edition of Retail Compass. This edition sees a surge of ESG-related legislative and regulatory updates. We hope to guide you through the most pressing, as well as the wider upcoming legal and policy changes affecting retail and consumer brands.

Read more
Thinking - Blog

Top tips for Influencing Senior Stakeholders on Environmental Programmes: Insights from a Responsible Business Professional

Published on 25 September 2024. By Katie Horn, DEIB and Responsible Business Manager (Market Facing)

Effectively influencing senior stakeholders is essential for the success of Environmental, Social, and Governance (ESG) programmes.

Read more
Thinking - Blog

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

Read more
Thinking - Blog

Consumer friendly compliance – guidance for retailers and consumer brands on the DMCC Bill

Published on 15 May 2024. By Eve Matthews, Associate

Following receipt of some 372 responses to the "Smarter Regulation: Improving consumer price transparency and product information for consumers" Consultation, the government has published its response in which it proposes significant amends to the Price Marking Order alongside new additions to the DMCC Bill.

Read more
Thinking - Blog

Higher stakes cybercrime – prepare now

Published on 08 May 2024. By Elizabeth Zang, Associate and Richard Breavington, Partner

Cybercrime continues to increase and shows no signs of stopping.

Read more
Thinking - Blog

Food and beverage 2050: The transition to net zero

Published on 02 May 2024. By Karen Hendy, Partner, Head of Corporate and Rosamund Akayan, Knowledge Lawyer

Following publication in October 2023 of its final Disclosure Framework for private sector entities to transition to a net zero economy, the TPT published draft Food & Beverage Sector Guidance in November 2023.

Read more
Thinking - Blog

Virtual advertising: a glimpse into the future

Published on 30 April 2024. By Elizabeth Alibhai, Partner and Lola Withrington, Associate

Virtual advertising and experiences are transforming the way real world property can be used by turning it into a canvas for digital content.

Read more
Thinking - Blog

The rise of recommerce

Published on 25 April 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate

Recommerce (which includes reselling, renting, refilling, repairing or reusing goods) is already an extremely valuable business model, estimated by Barclays to be worth almost £7bn in the UK alone and expected by Visa to increase to £82bn by 2030. This growth – particularly in respect of resale – is widely regarded as being driven by Gen Z consumers, over two thirds of whom now prefer to buy second-hand over new goods, in part, due to sustainability concerns.

Read more
Thinking - Publication

Retail Compass Spring 2024

Published on 15 April 2024. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting retailers and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Read more
Thinking - Blog

Green claims: key takeaways from the CMA's first investigation

Published on 04 April 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Lewis Manning, Associate

After much anticipation, the Competition and Markets Authority (CMA) has finally published the results of its investigation into green claims made by ASOS, Boohoo and George at Asda. All three retailers have signed undertakings committing to change the way they promote their green credentials and to set up robust internal processes to ensure future green claims are not misleading.

Read more
Thinking - Publication

What if the CEO asks me about… the options available for a company facing financial difficulties?

Published on 26 March 2024. By Paul Bagon, Partner and Will Beck, Of Counsel and Knowledge Lawyer and Harriet Ainsworth, Associate

The latest government insolvency statistics highlight that the downturn in the UK economy is still taking a significant toll and the number of UK corporate insolvencies in February 2024 remains high (and 17% higher compared to February 2023).

Read more
Thinking - Blog

Progress on sustainability in fashion: the move to circularity

Published on 27 February 2024. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

According to the WRAP report, it is estimated that the fashion and textiles sector accounts for up to 8% of global greenhouse gas emissions and uses 93 billion cubic meters of water each year.

Read more
Thinking - Blog

Code of Conduct for Leasing of Retail Premises to take effect from 1 February 2024

Published on 11 December 2023. By Bonnie Wong, Of Counsel

Following from the passing of the Lease Agreements for Retail Premises Bill which mandates compliance with the Code of Conduct for Leasing of Retail Premises in Singapore ("Code") for qualifying leases of retail premises earlier this year, the Lease Agreements for Retail Premises Act ("Act') is expected to take effect from 1 February 2024.

Read more
Thinking - Blog

What if the CEO asks me about… preparing for new sustainability reporting requirements?

Published on 07 December 2023. By Connor Cahalane, Partner, Head of Public Companies and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

There is an increasingly complex web of sustainability reporting requirements for companies across the world (either in force or in the pipeline). The ISSB standards seek to set a global baseline for sustainability reporting to ensure consistency and comparability of companies' disclosures. With UK implementation of the standards expected next year, retailers and consumer brands should take steps now to prepare. We outline the current plans for sustainability reporting under the ISSB standards in the UK and flag practical steps that businesses should take to prepare.

Read more
Thinking - Publication

Arresting times: Significant changes to UK corporate criminal liability and corporate transparency

Published on 04 December 2023. By Karen Hendy, Partner, Head of Corporate and Sam Tate, Partner

The Economic Crime and Corporate Transparency Bill (the Bill) is set to overhaul the existing corporate criminal liability and corporate transparency regimes.

Read more
Thinking - Publication

The EU Digital Markets Act: a levelling of the playing field?

Published on 15 November 2023. By Eleanor Harley , Senior Associate

The Digital Markets Act (the DMA) forms part of the EU’s Digital Services Act package, placing new obligations on “gatekeeper” platforms who offer core platform services to business and end-users established or located in the EU, irrespective of the gatekeepers’ place of establishment, residence, or any national laws applicable to their service.

Read more
Thinking - Publication

Drip pricing, fake reviews and other digital dark arts

Published on 30 October 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

The Digital Markets, Competition and Consumers Bill (the Bill) is currently at Report Stage in its journey through Parliament. When it comes into force, we will see a significant enhancement of the UK’s consumer protection regime – with a particular focus on maximising transparency to consumers, to help them find better deals and avoid being ripped off.

Read more
Thinking - Publication

"Recommended for you" - Data risks in AI-powered customer solutions

Published on 25 October 2023. By Amy Blackburn, Senior Associate and Helen Yost, Senior Associate and Jon Bartley, Partner

Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.

Read more
Thinking - Publication

Navigating social washing risk – a roadmap

Published on 23 October 2023. By Kelly Thomson, Partner, ESG Strategy Lead

Retailers and consumer brands are increasingly aware of the significant risks associated with “greenwashing”. Those wanting to play in the green space must be able to back up their eco-friendly claims or face the wrath of regulators and consumers. But how many have got to grips with the equivalent business risks of being accused of “social washing”? I suspect significantly fewer. Social washing is the practice of trading off perceived or advertised social credentials which are not reflected in the way the business operates. It’s about putting a black square or #BLM on your social media whilst having no people of colour in any leadership roles. It’s about selling rainbow flag adorned Pride merchandise but letting your trans employees be bullied. Like greenwashing, social washing is about profiting from what you say or project, without backing it up with what you do when no one is watching (or buying). Businesses fail to appreciate this disconnect at their peril, as illustrated beautifully by the Gender Pay Gap bot, set up with this simple mission: “If you tweet about #IWD2023 [International Women’s Day 2023], I’ll retweet your gender pay gap”. In other words, if you tell me yours, I’ll show you yours and you won’t like it.

Read more
Thinking - Blog

Timely reminder of risks in cloud contracts

Published on 19 October 2023.

Over the last decade, cloud solutions have become popular tools to facilitate the digital transformation of businesses, and the retail sector is no exception in its uptake of cloud services.

Read more
Thinking - Publication

Retail Compass Autumn 2023

Published on 17 October 2023. By Jeremy Drew, Partner and Karen Hendy, Partner and Ciara Cullen, Partner

Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Read more
Thinking - Blog

Is TikTok the key to the bricks-and-mortar retail revival?

Published on 21 September 2023. By Ela Broderick-Basar, Associate

Against the backdrop of sustainably-minded shoppers and cost-conscious consumerism, one of the key focuses for the retail sector in 2023 was (and still remains) the 'revival' of the UK high street.

Read more
Thinking - Blog

What is driving the fashion retail insolvencies spike?

Published on 23 August 2023. By Finella Fogarty, Partner, Head of Restructuring & Insolvency

What is driving the fashion retail insolvencies spike?

Read more
Thinking - Blog

THE RISE OF THE DE-INFLUENCER: What does this mean for brands?

Published on 25 July 2023. By Ela Broderick-Basar, Associate

Over the past decade, advertisers have increasingly capitalised on the 'influence' of influencers to help shape and create consumer demand for their products and services. In turn, influencers are able to monetise their social media content and connections with brands, creating a symbiotic relationship between the two.

Read more
Thinking - Publication

Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges

18 July 2023

On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.

Read more
Thinking - Publication

A shifting landscape? The outlook for data regulation in 2023

Published on 09 June 2023. By Jon Bartley, Partner and Amy Blackburn, Senior Associate

With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.

Read more
Thinking - Publication

Transitioning to a net zero economy

Published on 31 May 2023. By Rosamund Akayan, Knowledge Lawyer and Connor Cahalane, Partner, Head of Public Companies

The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.

Read more
Thinking - Publication

What if the CEO asks me about… the future of hybrid working in retail?

Published on 30 May 2023. By Ellie Gelder, Senior Editor Employment & Equality and Joanna Holford, Senior Associate and Kelly Thomson, Partner, ESG Strategy Lead

The pandemic brought flexible working to the forefront of how we work, with most employers adopting some form of hybrid working.

Read more
Thinking - Publication

CSRD: shakeup of the EU's sustainability reporting rules

Published on 25 May 2023. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead and Sarah Mountain, Partner and Connor Cahalane, Partner, Head of Public Companies

The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.

Read more
Thinking - Publication

Deposit Return Scheme: Key considerations for drinks  producers and retailers in the UK

Published on 16 May 2023. By Jeremy Drew, Partner, Head of Commercial

Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.

Read more
Thinking - Blog

EU set to tackle greenwashing with Green Claims Directive

Published on 15 May 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.

Read more
Thinking - Publication

New REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?

Published on 09 May 2023. By Paul Joukador, Partner and Patrick Brodie, Partner

When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.

Read more
Thinking - Blog

A bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill

Published on 03 May 2023. By Ciara Cullen, Partner and Hettie Homewood , Senior Associate

It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.

Read more
Thinking - Publication

Retail Compass Spring 2023

Published on 27 April 2023. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

Read more
Thinking - Blog

High Stakes for Fakes: Authentication in the second-hand market for luxury goods

Published on 21 April 2023. By Eleanor Harley , Senior Associate

Pre-owned luxury items remain a hot topic in 2023. The online second-hand market for luxury goods has been growing over the course of the last decade and is currently estimated to be worth more than $30 billion with further surges predicted in years to come.

Read more
Thinking - Blog

Going Green - Draft Sustainability Guidance from the CMA

Published on 03 April 2023. By Ciara Cullen, Partner and Melanie Musgrave, Of Counsel and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

Read more
Thinking - Publication

What if the CEO asks me about... using Artificial Intelligence in our Retail stores?

Published on 28 March 2023. By Paul Joukador, Partner

The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.

Read more
Thinking - Blog

Total Recall – modernising recall notices for 2023

Published on 10 March 2023. By Mamata Dutta, Partner and Andrew Martin, Associate

Historically, consumers purchased products on the high street from particular retailers or from specific consumer brands' shops. Repeat visitors in store were commonplace. However, consumers now have a swathe of buying routes available to them – whether to purchase goods in-store, through a large range of retailers or online. Whilst hugely beneficial in some respects, this can present challenges for retailers in the event of needing to initiate a product recall. How do you track down the relevant consumers in such circumstances, and to what lengths are retailers and consumer brands expected to go?

Read more
Thinking - Publication

What if the CEO asks me about… electric vehicle charging points?

Published on 08 March 2023. By Elizabeth Alibhai, Partner and Lola Withrington, Associate

The adoption of electric vehicles (EVs) on our roads is growing, and with that comes an increased demand for EV charging points. However, the uneven distribution of EV charging points across the country is now presenting an opportunity for retailers in the fight for customers.

Read more
Thinking - Blog

Snapshot on key 'green claims' developments

Published on 17 February 2023. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.

Read more
Thinking - Blog

Protests on the rise – are you covered?

Published on 30 January 2023. By Edward Colville, Partner and Peter Mansfield, Partner and Sally Lord, Knowledge Lawyer Manager

With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.

Read more
Thinking - Blog

Lifting the veil on cyber threats for retailers

Published on 12 January 2023. By Bethan Griffiths, Senior Associate

Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking

Read more
Thinking - Publication

Casting your net zero ambitions: eight key steps for retailers

Published on 24 November 2022. By Patrick Brodie, Partner and Kelly Thomson, Partner, ESG Strategy Lead and Ellie Gelder, Senior Editor Employment & Equality

With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.

Read more
Thinking - Publication

UK set to reform consumer protection legislation and its competitive regime

Published on 10 November 2022. By Melanie Musgrave, Of Counsel and Joe Lippitt, Partner and Hettie Homewood , Senior Associate

The UK is set to introduce a wide array of changes to its consumer protection legislation and competition regime. The focus of the changes revolves around giving greater protection to consumers over subscription traps, tackling fake reviews and improving enforcement. The latter is likely to bring in GDPR/competition law-level fines for breaches of consumer protection legislation or non-compliance with the CMA's investigations or remedies, with maximum fines of up to 10% of global annual turnover.

Read more
Thinking - Publication

What if the CEO asks me about... Buy-Now-Pay-Later promotions?

Published on 03 November 2022. By Whitney Simpson, Of Counsel

As consumers battle with the rising cost of living, many face difficult decisions about how they will finance their spending.

Read more
Thinking - Blog

Hype Economics: the haves and the have bots

01 November 2022

With the most wanted items selling out in the blink of an eye, consumers are leveraging automation to get ahead. Is the use of bots creating more than a moral dilemma for retailers?

Read more
Thinking - Blog

Ten tips for retailers entering the metaverse

Published on 25 October 2022. By Paul Joukador, Partner and Hettie Homewood , Senior Associate

Once the province of online gaming and social media, the metaverse is the new hot topic in retail.

Read more
Thinking - Publication

Retail Compass Autumn 2022

Published on 12 October 2022. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to this bumper Autumn edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting Retail and Consumer Brands and provide our thoughts on those crucial, need-to-know issues.

Read more
Thinking - Publication

Where to next for Buy Now Pay Later?

12 October 2022

On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.

Read more
Thinking - Publication

Extended producer responsibility for packaging: How to prepare

12 October 2022

In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.

Read more

Stay connected and subscribe to our latest insights and views 

Subscribe Here