Latest by Oliver Bray
Snapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreThree Mobile claim to be “the best network for data” misleading
What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?
Read moreUK authorities consider position of AI in preparation for a new Golden Age of Tech
The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?
Read moreASA upholds misleading “Jab & Go” claim against Ryanair
How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”
Read moreAvoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements
What enforcement options are available against marketers who use fake reviews to promote their goods or services?
Read moreCommittee of Advertising Practice publishes guidance for marketing on TikTok
What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?
Read moreASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour
Is a gambling ad that features potentially problematic behaviour socially irresponsible?
Read moreASA rules “was” pricing claim by Watches of Switzerland as misleading
How long does it take for a lower price claim to become the “usual” selling price for a product? What if the previous higher price ran for three years, and the lower price is in place for ten months? Does this period of time negate the ability to use the higher price as a “was” price comparison?
Read moreASA upholds use of filters in social media beauty ads as misleading
Should influencers be allowed to use filters when advertising cosmetic products?
Read moreDCMS begins inquiry into influencer culture and the power of influencers in marketing
What are the UK government’s future plans for influencer marketing
Read moreMaking online games safer by design
How does the UK Gambling Commission’s new rules modify online game design?
Read moreGovernment to review the Gambling Act
What legislative changes are being considered to address the risks associated with modern gambling?
Read moreNew “right to repair” regulations due Summer 2021
What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?
Read moreThe EDPS publishes its opinion on the Digital Services Act and Digital Markets Act
The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?
Read moreOfcom introduces new rules protecting the mental health of those participating in TV and radio
The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?
Read moreData and the trust barometer – the new frontline of retail
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 moreSnapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe EECC, the ePD and the GDPR – a complex interplay creating a breach notification nightmare for providers of communications services
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 moreH&M hit with €35.3m fine for GDPR employee breach
How did H&M’s internal data collection processes land it with the second largest fine in data breach history?
Read moreICO publishes guidance on AI decision making
How can companies comply with data regulation when using AI to make decisions affecting individuals?
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EU social media targeting guidelines – call for feedback
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 moreDMA issues “Seven-Step Ad Tech Guide” in a bid to restore trust in online advertising
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 moreWhat were the CMA’s key findings in its final report on online platforms and digital advertising?
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreAudiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreThe ASA’s new UK Scam Alert System
What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?
Read moreWish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted
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 moreBOXT: ‘next day delivery’ and comparative pricing claims
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 moreSky UK: clarity over upfront costs and different fees charged to different groups
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 moreP&G: verification requirements in comparative advertising campaigns
How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?
Read morePlayrix: gameplay footage must be representative of the gaming experience
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 moreTaking it personally – retailers using hyper-personalisation to target consumers in the digital age
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 moreAvatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children
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 moreUsing 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 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 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 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 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 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 more"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age
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 moreLiability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC
How do the courts interpret limitation clauses?
Read moreContractual interpretation: Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449
How is “the purpose” of a particular activity determined?
Read moreAgency: The Software Incubator Ltd v Computer Associates UK Ltd
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 moreImplied contracts: MF Global UK Ltd (In Special Administration), Re [2016] EWCA Civ 569
In what circumstances will the Courts find that there is an implied contract between companies?
Read morePenalty clauses: Edgeworth Capital (Luxembourg) SARL and another v Ramblas Investments BV [2016] EWCA Civ 412
Is a fee that becomes payable on the default of a third party subject to the rule on penalty clauses?
Read moreAgreement by conduct: Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443
Is an unsigned agreement binding where a written offer states it is not binding until signed and one party has not signed it?
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