Latest by Oliver Bray

Publication

The Omnibus Directive – New EU consumer rights are on the way

Published on 01 October 2021. By Anna Greco, Associate and Oliver Bray, Senior Partner

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The EU has committed to improving consumer protection in a strategy sometimes labelled the “New Deal for Consumers”. As part of that strategy, the Enforcement and Modernisation Directive, also known as the Omnibus Directive (Directive) came into force on 7 January 2020. Member States have until 28 November 2021 to adopt the Directive, and until 28 May 2022 to bring it into force. The Directive expands the scope of existing consumer rights legislation applying to physical goods and services to also cover digital goods, content and services – and introduces GDPR-level fines for non-compliance.

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UK government publishes draft Online Safety Bill

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?

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UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What were the grounds of objection by the EU’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) to the EU’s decision to grant the UK adequacy for EU-UK data transfers?

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Data Sharing Code of Practice goes before UK Parliament

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?

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ICO fines American Express for blurring service emails with marketing emails

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the difference between service emails and marketing emails, and what happens if you get it wrong?

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EU Commission publishes final versions of its new Standard Contractual Clauses

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?

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European Parliament asks European Commission for guidance post-Schrems II

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Where next for Schrems II?

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First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?

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European Commission proposes new rules on AI

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How will future EU regulations affect the development of artificial intelligence (AI)?

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European Commission looks to strengthen the Code of Practice on Disinformation

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?

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UK Law Commission launches call for evidence on digital and crypto assets

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How ready is English law to accommodate emerging technologies, in particular digital assets?

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Facebook combats fake reviews following CMA pressure

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?

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CMA to publish “greenwashing” guidance in Autumn 2021

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?

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CMA targets anti-virus software companies on subscription auto-renewals

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?

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CMA continues consultation on potential harms caused by algorithms

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?

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Snapshots - Spring 2021

Published on 09 June 2021. By Oliver Bray, Senior Partner

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

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Three Mobile claim to be “the best network for data” misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?

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UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 June 2021. By Oliver Bray, Senior Partner

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The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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ASA upholds misleading “Jab & Go” claim against Ryanair

Published on 09 June 2021. By Oliver Bray, Senior Partner

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How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”

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Avoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What enforcement options are available against marketers who use fake reviews to promote their goods or services?

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Committee of Advertising Practice publishes guidance for marketing on TikTok

Published on 09 June 2021. By Oliver Bray, Senior Partner

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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?

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ASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour

Published on 09 June 2021. By Oliver Bray, Senior Partner

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Is a gambling ad that features potentially problematic behaviour socially irresponsible?

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ASA rules “was” pricing claim by Watches of Switzerland as misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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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?

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ASA upholds use of filters in social media beauty ads as misleading

Published on 09 June 2021. By Oliver Bray, Senior Partner

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Should influencers be allowed to use filters when advertising cosmetic products?

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DCMS begins inquiry into influencer culture and the power of influencers in marketing

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What are the UK government’s future plans for influencer marketing

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Making online games safer by design

Published on 09 June 2021. By Oliver Bray, Senior Partner

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How does the UK Gambling Commission’s new rules modify online game design?

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Government to review the Gambling Act

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What legislative changes are being considered to address the risks associated with modern gambling?

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New “right to repair” regulations due Summer 2021

Published on 09 June 2021. By Oliver Bray, Senior Partner

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What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?

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The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 June 2021. By Oliver Bray, Senior Partner

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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)?

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Ofcom introduces new rules protecting the mental health of those participating in TV and radio

Published on 09 June 2021. By Oliver Bray, Senior Partner

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The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?

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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

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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.

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Snapshots Autumn 2020

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

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

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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

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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?

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

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

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

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ICO publishes guidance on AI decision making

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

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

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Schrems II where next for data transfers

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

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Damages for distress for failing to verify personal data

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

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EU social media targeting guidelines – call for feedback

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

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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?

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EU Commission looks to new SCCs by the end of 2020

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

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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

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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?

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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

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

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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

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

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The ASA’s new UK Scam Alert System

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

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

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

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

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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?

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BOXT: ‘next day delivery’ and comparative pricing claims

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

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

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

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

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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)?

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P&G: verification requirements in comparative advertising campaigns

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

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

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Playrix: gameplay footage must be representative of the gaming experience

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

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

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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

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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.

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

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

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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.

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