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ICO issues guidance on artificial intelligence: explaining the “black box”
What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?
Read moreGovernment publishes approach to post-Brexit trade deal with the EU
What is the Government’s approach to a post-Brexit trade deal with the EU?
Read moreWM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee
Can an employer be held vicariously liable for the actions of a rogue employee leaking data?
Read moreAshley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute
Do paper files constitute a “relevant filing system” for the purposes of subject access requests (SARs)? Can legal professional privilege (LPP) be used to block a SAR made by a data subject that is owed a duty of “joint privilege” along with the lawyer’s primary client?
Read moreGDPR Codes of Conduct and Certification schemes – the ICO is “open for business”
What is the ICO doing to make it easier for industry specific sectors to comply with GDPR? What is the benefit to businesses in adopting accredited codes of conduct?
Read moreASA ruling on ASOS – use of “affiliate” for a marketing communication
Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?
Read moreContinuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions
How might the Explanatory Framework recently published by the Department for Digital, Culture, Media & Sport (DCMS) assist with enabling the continued free flow of data between the EU and the UK post-Brexit and how might the UK Government’s approach to the COVID-19 pandemic affect this?
Read moreASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks
Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?
Read moreCookie walls and scrolling – updated EDPB guidance
Are cookie walls permissible? Can scrolling through a website constitute “consent”?
Read moreASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims
Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?
Read moreForce majeure and circumstances beyond reasonable control
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)
Read moreASA ruling on EE – misleading and ambiguous mobile network claims
Can mobile network providers claim superiority for a service they provide on their network in their ads?
Read moreContractual discretion; implication of Braganza duty
UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)
Read moreContractual estoppel; contractual representations
Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)
Read moreMake sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices
What are the key points to be considered when using reference pricing in your promotions?
Read moreContractual interpretation; limitation period for notifying claims
Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)
Read moreRPC Bites #14
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.
Read moreCAP’s new “Quick Guide to Advertising Consumer Surveys”
How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?
Read moreA summary of the ASA Annual Report 2019
What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?
Read moreRogue online sellers up against new UK consumer-protection weapon
What are the new powers granted to the UK’s Competition and Markets Authority (CMA) to combat rogue trading in the digital arena?
Read moreContractual interpretation; rectification
Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)
Read moreConsumer rights enhanced by the Omnibus Directive (part of the “New Deal for Consumers”)
What exactly is the Omnibus Directive? And how is it strengthening consumer rights?
Read moreIs the promise of a severance payment a reasonable adjustment?
In this busy time, HR professionals would be forgiven for thinking that nothing beyond the realms of coronavirus is receiving any attention, however cases are still being decided and one Employment Appeal Tribunal (EAT) case, regarding employers' duties to provide reasonable adjustments for disabled employees, is worth some further consideration.
Read moreSupreme Court reflects on a narrower interpretation of "reflective loss"
The Supreme Court has scaled back the scope of the reflective loss principle which has been expanded over the years. The reflective loss principle essentially prevents a shareholder from bringing a claim against a wrongdoer for the diminution in value of its shares or distributions that results from a loss caused by that wrongdoer to the company itself.
Read moreCLC issue new Guidance on dispute resolution in the construction industry
COVID-19 continues to cause significant disruption and delay to the construction industry. Whilst things are slowly returning to normal and construction sites are resuming work, there are concerns that the effect of the pandemic on projects may result in long-running and costly disputes arising. Accordingly, the Construction Leadership Council (CLC) have issued guidance in an effort to promote a more pragmatic approach to dispute resolution.
Read moreASA ruling against Revival Shots
Can companies make health claims in ads for their food products?
Read moreComplying with ASA rules during a pandemic
In light of the new UK’s Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) Guidance, what do brands need to be aware of when marketing during the COVID-19 pandemic or similar “exceptional circumstances”?
Read moreASA ruling against Coral – “Have another go” and socially irresponsible gambling
How careful do you have to be when advertising repeat gambling?
Read moreCAP issues advice notice on the marketing of gambling on eSports on social media
How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?
Read moreCourts reach a landing on the test for jurisdiction over co-defendants
The court can only assert jurisdiction over an EU domiciled co-defendant under Article 8(1) of the Recast Brussels Regulation if the claim against the anchor defendant is sustainable.
Read moreTax Bites - August 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreRoyal Bank of Canada – Canadian bank liable to pay UK tax on assigned oil royalties
In Royal Bank of Canada v HMRC [2020] UKFTT 267 (TC) the First-tier Tribunal (FTT) held that a Canadian bank was subject to UK tax on royalties assigned to it following its oil company creditor entering receivership.
Read moreCalculating fair value – is it really fair?
The difficulties in determining what is meant by the phrase "fair value" have been highlighted by a recent decision of the Privy Council in the case of Shanda Games Ltd v Maso Capital Investments Ltd.
Read moreWhere there's a will there's a remote possibility of a way
In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.
Read moreA look at the Lloyd's Market Association
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.
Read moreTaxing Matters: HMRC ramps up use of Account Freezing and Forfeiture orders
Welcome to the second episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreRoundup of ASA guidance on advertising responsibly in relation to COVID-19
Retailers seeking to reference the Covid-19 pandemic in their advertising should be aware of the Advertising Standards Authority’s (ASA) recent guidance and robust enforcement activity in this area.
Read moreReturn of the MAC (clauses) and practical steps for the retail world
The Covid-19 crisis is putting Material Adverse Change (or material adverse effect) (MAC) clauses back in the spotlight, none more so than in the world of retail.
Read moreForce majeure in a retail context in light of COVID-19
In general commercial contracts, force majeure clauses can often be overlooked as standard ‘boilerplate’ with little negotiation between the parties. Covid-19 and the disruption caused to businesses has highlighted how important these clauses can be for all types of commercial agreements and we anticipate that there will be significant focus on force majeure wording going forwards.
Read moreConsumers return to retail. The retail story in China…where are things now?
Globally, the retail sector has been heavily impacted by Covid-19. As the epicentre for the outbreak of the virus in January 2020. China is now one of the first economies showing signs of recovery, and retailers are looking to understand the pattern there, in order to help predict how retail will recover (and how long it will take to do so) following enforced store closures and restrictions on people’s daily lives.
Read moreThe summer of discontent?
What comes to mind when you hear the word "summer"? The unbridled joy of no more school for 6 whole weeks? Buckets, spades and wind-swept beaches? Perhaps the call of a sun-soaked tropical island? For most, summer means taking some time out to recharge and switch off.
Read moreLivestream shopping: making platform partnerships a success
Livestream shopping is a live shopping event – think QVC - hosted by a brand on its own, or a third party website/mobile app. Usually, a celebrity, social media influencer or brand worker demonstrates a product and answers questions from a digital audience in real-time. Viewers are able to immediately purchase the item from an embedded link online. Just like presenters on QVC, livestreaming hosts sell a wide range of products, from apparel and cosmetics to electronics and even cars. In China, live streaming is a wildly popular way to shop, with the market worth an estimated US$63bn to its economy in 2019. (but the technology is starting to catch on in the US and UK too). The first major livestream shopping player emerged in China in 2016 when Alibaba first launched Taobao Live. Since then, platforms like Tmall, Douyin or Xiaohongshu have become key Chinese e-commerce sites and saw a big spike in demand during lockdown as shoppers were forced to shop from home
Read moreRetail returns in light of COVID-19
Many retail businesses have reopened/are preparing to reopen as the Covid-19 lockdown eases. Whilst retailers hope that sales will surge as consumers rush to the shops that they have been unable to visit since March, some fear that a large percentage of transactions will be returns of goods purchased pre-lockdown.
Read moreStores in focus; reopenings, safety and single use (plastic) setback
With stores reopened, retailers face an unprecedented operational challenge in delivering the retail experience.
Read moreFurlough fraud and Government clawback: managing the risk
HMRC has the right to go back up to five years when considering businesses’ (including retailers’) records relating to the Coronavirus Job Retention Scheme (the “furlough scheme”) and will be able to clawback funds which have been claimed in error, or fraudulently, under new powers contained in the Finance Bill 2020, which is expected to become law in the latter half of 2020.
Read moreCyber_Bytes - Issue 19
Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.
Read moreFurlough forecast: What kind of employment law claims are on the horizon?
As retail workforces continue to be re-organised, what kind of employment claims could be brought by employees in the coming months, in light of the Coronavirus Job Retention Scheme (or furlough scheme) and what can you do in anticipation?
Read moreTemporary COVID-19 measures in respect of AGMs and other general meetings
The Corporate Insolvency and Governance Act 2020 (CIGA), which came into force on 26 June 2020, provides temporary measures which enable companies to comply with their legal requirements on holding annual general meetings (AGMs) and other meetings whilst still respecting social distancing legislation and guidance.
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