Latest by Oliver Bray

Publication

Data and the trust barometer – the new frontline of retail

Published on 30 November 2020. By Oliver Bray, Senior Partner and Karen Hendy, Head of Corporate

Purple tint 5

The inventor of the world wide web has a startup. Sir Tim Berners Lee's company Inrupt has launched Solid, a platform for giving consumers control over their data. Solid keeps user data in a secure locker, or pod, and access can be granted or revoked as needed.

Read more
Snapshot

Snapshots Autumn 2020

Published on 02 November 2020. By Oliver Bray, Senior Partner and David Cran, Head of IP and Tech

Gray tint 2

A roundup of key legal developments for the modern commercial lawyer.

Read more
Snapshot

The EECC, the ePD and the GDPR – a complex interplay creating a breach notification nightmare for providers of communications services

Published on 02 November 2020. By Oliver Bray, Senior Partner

Green tint 1

What impact will the implementation of the new Directive establishing the European Electronic Communications Code (2018/1972) (EECC) have on the scope and application of the ePrivacy Directive (2002/58/EC) (ePD) for providers of electronic communication services?

Read more
Snapshot

H&M hit with €35.3m fine for GDPR employee breach

Published on 02 November 2020. By Oliver Bray, Senior Partner

Green tint 1

How did H&M’s internal data collection processes land it with the second largest fine in data breach history?

Read more
Snapshot

ICO publishes guidance on AI decision making

Published on 02 November 2020. By Oliver Bray, Senior Partner

Green tint 1

How can companies comply with data regulation when using AI to make decisions affecting individuals?

Read more
Snapshot

Schrems II where next for data transfers

Published on 02 November 2020. By Oliver Bray, Senior Partner

Purple tint 3

Read more
Snapshot

Damages for distress for failing to verify personal data

Published on 02 November 2020. By Oliver Bray, Senior Partner

Untinted 4

Read more
Snapshot

EU social media targeting guidelines – call for feedback

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

Who are the key actors in the targeting of social media users, and what can they learn from the EU's new social media targeting guidelines?

Read more
Snapshot

EU Commission looks to new SCCs by the end of 2020

Published on 02 November 2020. By Oliver Bray, Senior Partner

Green tint 1

Read more
Snapshot

DMA issues “Seven-Step Ad Tech Guide” in a bid to restore trust in online advertising

Published on 02 November 2020. By Oliver Bray, Senior Partner

Green tint 1

What needs to be done by UK businesses actively engaged in the programmatic delivery of digital advertising to ensure they protect the rights of individuals?

Read more
Snapshot

What were the CMA’s key findings in its final report on online platforms and digital advertising?

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 4

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

Read more
Snapshot

Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 4

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

Read more
Snapshot

The ASA’s new UK Scam Alert System

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?

Read more
Snapshot

Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?

Read more
Snapshot

BOXT: ‘next day delivery’ and comparative pricing claims

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?

Read more
Snapshot

Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

Read more
Snapshot

P&G: verification requirements in comparative advertising campaigns

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

Read more
Snapshot

Playrix: gameplay footage must be representative of the gaming experience

Published on 02 November 2020. By Oliver Bray, Senior Partner

Gray tint 1

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

Read more
Blog

Taking it personally – retailers using hyper-personalisation to target consumers in the digital age

Published on 22 October 2019. By Oliver Bray, Senior Partner and Amber Oldershaw, Associate

Untinted 3

In a modern day society widely dubbed as 'The Digital Age', corporations must compete like never before to capture a fluid market seeking instant gratification.

Read more
Blog

Avatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children

Published on 15 October 2019. By Oliver Bray, Senior Partner

Gray tint 1

The ASA is proactively using avatars (which mimic child-like behaviour) to identify when age-restricted ads (gambling, alcohol, HFSS etc) are being irresponsibly targeted at children. The introduction of this new technology has already had an impact on ad monitoring and enforcement.

Read more
Blog

Using was/now price reductions

Published on 03 September 2019. By Oliver Bray, Senior Partner and Nandeep Judge, Paralegal

Green tint

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 more
Blog

Auto-renewals and other consumer terms under the spotlight

Published on 28 August 2019. By Oliver Bray, Senior Partner and Alyson Lloyd, Senior Associate

Green tint 3

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 more
Blog

Lidl held to mislead consumers with cheesy price comparison

Published on 08 August 2019. By Oliver Bray, Senior Partner

Untinted 5

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 more
Blog

Carlsberg in the clear on the inappropriate targeting of under-18s

Published on 22 July 2019. By Oliver Bray, Senior Partner and Alyson Lloyd, Senior Associate

Purple tint 1

What steps do you need to take to ensure that age restricted products do not target the wrong audience?

Read more
Blog

Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 July 2019. By Oliver Bray, Senior Partner and Stuart Harris, Associate

Gray tint 5

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 more
Blog

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Senior Partner

Untinted 3

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 more
Blog

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Senior Partner

Untinted 5

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 more
Blog

#Ad-vice for Influencers and Brands: how to comply with CAP's new Influencer's Guide

Published on 26 October 2018. By Oliver Bray, Senior Partner

Green tint 3

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 more
Blog

"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age

Published on 17 July 2018. By Oliver Bray, Senior Partner and Georgia Davis, Of Counsel

Untinted 5

The Court of Appeal has upheld part of an interim injunction granted to Australian sportswear company Frank Industries which restrained Nike from using the sign LDNR in its “Nothing Beats a Londoner” advertising campaign.

Read more
Snapshot

Liability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC

Published on 12 June 2017. By Oliver Bray, Senior Partner

Abstract building

How do the courts interpret limitation clauses?

Read more
Snapshot

Contractual interpretation: Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449

Published on 03 October 2016. By Oliver Bray, Senior Partner

Gray tint 5

How is “the purpose” of a particular activity determined?

Read more
Snapshot

Agency: The Software Incubator Ltd v Computer Associates UK Ltd

Published on 03 October 2016. By Oliver Bray, Senior Partner

Green tint

Does software amount to goods such that the Commercial Agency Regulations 1993 (the Regulations) are engaged? Note that the Regulations define a commercial agent by reference to the sale of goods, not services.

Read more
Snapshot

Implied contracts: MF Global UK Ltd (In Special Administration), Re [2016] EWCA Civ 569

Published on 03 October 2016. By Oliver Bray, Senior Partner

Green tint

In what circumstances will the Courts find that there is an implied contract between companies?

Read more
Snapshot

Penalty clauses: Edgeworth Capital (Luxembourg) SARL and another v Ramblas Investments BV [2016] EWCA Civ 412

Published on 03 October 2016. By Oliver Bray, Senior Partner

Green tint

Is a fee that becomes payable on the default of a third party subject to the rule on penalty clauses?

Read more
Snapshot

Agreement by conduct: Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443

Published on 03 October 2016. By Oliver Bray, Senior Partner

Untinted 2

Is an unsigned agreement binding where a written offer states it is not binding until signed and one party has not signed it?

Read more
Snapshot

ASA - Advertising to children: Inappropriate targeting

Published on 03 October 2016. By Oliver Bray, Senior Partner

Will an age warning be enough if placed before a scary ad?

Read more
Snapshot

ASA

Published on 03 October 2016. By Oliver Bray, Senior Partner

Will an age warning be enough if placed before a scary ad?

Read more
Blog

Blocking the blockers: EU prohibits network-wide ad-blocking

Published on 12 September 2016. By Oliver Bray, Senior Partner

Purple tint 3

Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.

Read more
Blog

Do you know you're being tracked?

Published on 05 October 2015. By Oliver Bray, Senior Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

Read more
Blog

Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Senior Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

Read more
Blog

ICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure

Published on 03 March 2015. By Oliver Bray, Senior Partner

Green tint 3

The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.

Read more