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Our latest set of retail law 'Snapshots' are now available

15 January 2018. Published by Jonathan Greenway, Senior Associate

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.

Our legal 'Snapshots' provide short and snappy updates on recent legal issues.

We have handpicked the following Snapshots that matter most to you, as retailers:

Data protection

With ever-increasing options for data-driven retail, the upcoming GDPR has put data high on the management agenda. Our Snapshots help to keep you on top of those changes, including:

  • Practical tips for preparing marketing databases for the GDPR, after the ICO issues fines for emails asking customers to change their marketing preferences. (click here)
  • The new Data Protection Bill – a summary of the legislation which will replace the Data Protection Act 1998 and incorporate the General Data Protection Regulation (GDPR) into domestic law. (click here)

Advertising/marketing and consumer

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

  • When is it misleading to claim that an item, purchased as part of a bundle, is "free"? (click here)
  • How far do advertisers need to go in ensuring that their adverts avoid harmful gender stereotypes under the new rules? (click here)
  • Does anyone read terms and conditions? And what might this mean for the concept of "unambiguous consent" under the GDPR? (click here)
  • What will be considered a "high fat, salt and sugar product" for the purpose of the advertising rules? (click here)
  • When is it misleading for a price comparison website to claim that it is "No. 1 for car savings"? (click here)

Tech, IP and Commercial cases

Our commercial case Snapshots cut through to the salient issues and provide practical takeaways:

  • When are standard terms subject to the UCTA reasonableness test? (case update on African Export-Import Bank v Shebah Exploration) (click here)
  • Can a widely-drawn exclusion of liability which excludes liability for all negligence be reasonable under the Unfair Contract Terms Act 1977 (UCTA)? (case update on Goodlife Foods v Hall Fire Protection) (click here)
  • Will an ambiguous limitation of liability clause be valid and enforceable? (case update on Royal Devon v ATOS) (click here)
  • How will a Court interpret a clause that is uncertain or which appears to be unworkable? (case update on Kitcatt v UK Holdings) (click here)
  • When using defined terms in a contract, how careful do you need to be in their consistent application? (case update on GB Building Solutions v SFS Fire Services) (click here)
  • How will the Court resolve conflicting contractual standards, e.g. between general obligations and specific international standards? (case update on MT Højgaard v E.On) (click here)
  • What is the effect of not giving notice of an assignment of contractual rights? (case update on General Nutrition v Holland and Barrett) (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.