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Our latest legal 'Snapshot' updates are now available

06 September 2018. Published by Alyson Lloyd, Senior Associate and Jonathan Greenway, Associate

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.

Data protection

GDPR is now finally in force, as the dust settles, our data protection Snapshots aim to keep on top of the latest guidance and thinking on the changes:

  • ICO guidance: “consent is not the silver bullet for GDPR compliance”. (click here)
  • ICO draft guidance: legitimate interests as a lawful basis for processing. (click here)
  • ICO draft guidance: Data Protection Impact Assessments. (click here)
  • WP29 revised guidelines: personal data breach notification. (click here)
  • The new data protection fee – does it apply to your business? (click here)

Advertising/marketing and consumer

Our consumer law updates and the latest guidance and rulings from the Advertising Standards Agency and its sister organisation, the CAP, touch on a wide range of topics, including:

  • Advertised delivery restrictions and surcharges - how careful do you need to be about making delivery claims like “Free UK Delivery”?  (click here and here)
  • How likely is the ASA to impose further sanctions when an entity fails to act upon the ASA's instructions? (click here)
  • When will a “was” price in a savings claim be considered misleading? (click here and here)
  • What does "our best prices" actually mean? (click here)
  • Omission of promotional T&Cs - what information must be included in the main body of an advert? (click here)
  • What information do you need to include in a comparative ad to support your claim? Can you round up figures to the nearest percentage if you make this clear in the small text? (click here)
  • What factors will the ASA consider when assessing statements made in ads? And what meaning will be given to industry standard terms when used in a different market context? (click here)

Case updates

The following Snapshots provide quick updates and practical takeaways on some important cases from the previous quarter:

Commercial Contracts

  • Is a no oral modification clause legally effective? (click here)
  • Recitals - what factors will a court consider when interpreting contractual clauses? (click here)

Trade marks

  • Blocking orders in relation to counterfeit goods (click here)

Tech updates

Finally, we take a look at the risks associated with the Internet of Things and query what needs to be done to make the Internet of Things safer for consumers: (click here)

For the previous Commercial law briefing for retailers, click here. To see the full range of briefings, head over to our Snapshots homepage, here.