Retail therapy
Using was/now price reductions
A recent ASA decision against Zestify Media has confirmed that a “WAS” price must represent a genuine saving when compared with a “NOW” price. This means checking that sales were actually made at the higher price during the relevant period and ensuring you don't advertise the lower price for materially longer than the higher price.
Read moreAuto-renewals and other consumer terms under the spotlight
The CMA has launched an investigation into potentially unfair terms in online gaming customer terms and conditions, such as auto-renewals, cancellation processes and discretion to alter clauses.
Read moreFCA introduces 18-month grace period for two-factor authentication for online transactions
The Financial Conduct Authority this week agreed an 18-month "implementation plan" for Strong Customer Authentication (also known as "two-factor authentication").
Read moreLidl held to mislead consumers with cheesy price comparison
When looking at Lidl's price comparison ad, which compared a number of prices of products with Morrisons, the Advertising Standards Authority found that if a retailer knows their competitor is offering a price promotion on a product, it can’t use the competitor’s normal higher price to make the comparison. This applies even if the backdrop to a savings claim is a year-long price comparison.
Read moreWhat next for the Energy Performance of Retail Buildings?
After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?
Read moreCarlsberg in the clear on the inappropriate targeting of under-18s
What steps do you need to take to ensure that age restricted products do not target the wrong audience?
Read moreGuidance on misleading "faux fur" claims in clothes and accessories
The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.
Read moreRetail Compass Summer edition 2019
Welcome to the Summer 2019 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreShop til' you Pop: Amazon's Electric Avenue
Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.
Read moreRetailers: beware the ban on gender stereotyping
The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".
Read moreLooking at the success of the UK's war on plastic
Savvy brands will be working to realise the potential of reducing plastic consumption; not just from a sustainability perspective but also from a sales and branding perspective. Not only could it help to save the penguins, but also to boost sales.
Read moreGovernment assessing business rates for warehouses
The Financial Times recently reported that the Government has been assessing warehouse rents, in advance of the next revaluation for business rates.
Read moreFixing Fast Fashion: Parliament aims to put the brakes on retailers
'Fast fashion' has been providing inexpensive, up to date styles to the mass market for decades, keeping the consumer both on trend, and in the black. However, as society becomes increasingly aware of the environmental and social impact of the retail sector, Parliament has thrown a spotlight upon the sustainability of 'fast fashion' and the modern retailing practices which underpin it.
Read moreWorried you'll run out of milk: what does your contract say?
This isn't a 'B'-word blog, don't worry. But with 'B' looming (in whatever form it may take) UK businesses are facing unprecedented uncertainty when it comes to their supply chain – talk continues of border delays, stock piling and shortages.
Read moreArtificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years
Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.
Read moreRetail Compass: Navigating future change
We are pleased to present our Retail Compass New Year edition 2019.
Read more#Ad-vice for Influencers and Brands: how to comply with CAP's new Influencer's Guide
To help influencers and brands comply with the legal requirements around influencer marketing the CAP issued An Influencer's Guide to making clear that ads are ads, developed in conjunction with the CMA.
Read moreThe Modern Slavery Act 2015 – Under Review
Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.
Read moreImplications of the Modern Slavery Act 2015 on UK and overseas businesses
Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.
Read moreOur latest legal 'Snapshot' updates are now available
Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it? In this blog post we have handpicked the ones which matter most to you as retailers.
Read moreUpdate: Automated and Electric Vehicles Act 2018
New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.
Read moreOnline resale price maintenance and pricing software under scrutiny
The imposition of fixed or minimum prices on their online retailers, in breach of EU competition law, has resulted in four consumer electronics manufacturers being fined over €111 million in total by the European Commission.
Read moreInvesting to Innovate
Ocado aims to "change the way the world shops" with B2B technology offerings for retailers
Read moreRPC Retail Compass: Navigating future change
We are delighted to present the 2018 Summer edition of RPC Retail Compass.
Read moreValue Added – New VAT "joint liability" risk for online marketplaces
The flow of goods cross-border has increased significantly as a result of the inexorable rise of the online marketplace. Policing the tax aspect of online businesses has created numerous difficulties for national authorities. In no area is this felt more than VAT, where many online traders (both inside and outside the EU) have opted wittingly or otherwise to evade tax by simply not registering or accounting for VAT in any jurisdiction.
Read moreProperties are Heating Up – New Minimum Energy Efficiency standard to come into force
On 1 April 2018 the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2018 ("the Regulations") will come into force, introducing Minimum Energy Efficiency Standards ("MEES") for privately rented properties, including retail properties.
Read moreHow to demonstrate your value during a crisis
Jeremy Drew recaps his session from the Enterprise GC Conference - How to demonstrate your value when the media lens is on your business.
Read moreConsiderations for future GCs
Partner Jon Bartley and Head of Corporate Karen Hendy recap key points from the Enterprise GC conference including key considerations for the future.
Read moreMain themes from the Enterprise GC Conference
Jon Bartley, Karen Hendy and Jeremy Drew discuss the main themes from the Enterprise GC Conference.
Read moreReality Retail
Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.
Read moreAnd the (Christmas) results are in: Part II
Since our previous update many retail companies across the UK have posted their festive financials with several big retailers posting disappointing Christmas results.
Read moreOur latest set of retail law 'Snapshots' are now available
Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.
Read moreAnd the (Christmas) results are in…
The focus of last year's post-Christmas update was Next's post-Christmas profit warning. This year however it was largely good news for the retailer as they reported that sales in the 54 days to 24 December 2017 were up by 1.5% compared to the same period in 2016. This is against Next's expectation in November 2017 that sales would fall by 0.3% for the period.
Read moreLuxury brands: The tale of selective distribution systems and online platform restrictions
In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.
Read moreChanges to business rates calculations are good news for retailers
The government announced two changes to business rate annual increases in the Autumn budget, moving from RPI to CPI in April 2018 (rather than 2020 as originally proposed) and shortening the revaluation cycle. It is good to see that the government has listened to concerned businesses but will the changes go far enough?
Read moreNot Fazed –September Sales and Consumer Confidence Defy Expectations
Building on the positive sales figures at the end of the summer period, which we discussed in an earlier article, retailers have kept the momentum going in September.
Read moreInstant Retail Therapy
ASOS Instant, the same-day delivery service launched by ASOS last week, reflects the growing momentum of "fast shopping", where the ultimate consumer experience is effortless and almost instantaneous.
Read moreLuxury fast fashion
The world of high-end fashion has relied on a stable business model for decades; luxury collections are previewed at major fashion events, anticipation builds and then up to six months later products actually go on sale. But it was clear from last week's London Fashion Week that the luxury fashion model is changing as some brands seek to take advantage of consumer demand for fast fashion.
Read moreIntroducing our new commercial law briefings for retailers
Introducing our new commercial law briefings for retailers
Read moreAppification of Retail and Data Protection
The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.
Read moreRetailers make hay while the sun shines
Retailers make hay while the sun shines
Read moreElection results a mixed bag for retailers
The immediate impact of last week’s election was a mixed bag for retailers in the UK, with some share prices falling whilst others were on the up following the result.
Read moreBusiness rate hikes about to hit retailers
Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.
Read morePost-Christmas blues
On Wednesday 3 January Next issued a profit warning which triggered a dive in the retailer's share price and revived concerns that 2017 could be a challenging year for some high street retailers.
Read moreNo Returns Following Supreme Court Ruling
The Supreme Court has confirmed that save for exceptional circumstances it is reluctant to step in and imply a rent apportionment clause into a commercial lease.
Read moreMobile marketing – lessons learnt from Optical Express
Mobile marketing is an essential part of the marketing tool kit of most retailers.
Read moreDon't blame it on the sunshine – the impact of weather on the retail industry
The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).
Read moreCan omni-channel deliver a retail experience?
Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.
Read more'Stand Up and Deliver' - the competition for same day delivery hots up
Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.
Read moreStay connected and subscribe to our latest insights and views
Subscribe Here