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Snapshot

Snapshots Summer 2020

07 August 2020

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

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Snapshot

Fake reviews probed by CMA

07 August 2020

What is the CMA’s investigation into misleading online reviews all about and what are websites doing to combat fake reviews?

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Snapshot

Data regulation and oral communications

07 August 2020

David Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (3 March 2020)

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Snapshot

European Commission and EDPB lay out framework for privacy compliant contact tracing apps

07 August 2020

How do we balance the need for contact tracing with data protection regulation?

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Snapshot

COVID-19 testing and monitoring in the workplace

07 August 2020

Can employers test and monitor employees during the COVID-19 pandemic?

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Snapshot

CAP warns against promotion of “bad betting behaviours”

07 August 2020

What has CAP identified as promoting “bad betting behaviours”?

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Snapshot

ICO outlines priorities and regulatory approach during the coronavirus public health emergency

07 August 2020

How has the ICO reshaped its priorities for regulating UK data protection during COVID-19?

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Snapshot

ASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women

07 August 2020

Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?

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Snapshot

ICO issues guidance on artificial intelligence: explaining the “black box”

07 August 2020

What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?

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Snapshot

Government publishes approach to post-Brexit trade deal with the EU

07 August 2020

What is the Government’s approach to a post-Brexit trade deal with the EU?

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Snapshot

WM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee

07 August 2020

Can an employer be held vicariously liable for the actions of a rogue employee leaking data?

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Snapshot

Ashley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute

07 August 2020

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?

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Snapshot

GDPR Codes of Conduct and Certification schemes – the ICO is “open for business”

07 August 2020

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?

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Snapshot

ASA ruling on ASOS – use of “affiliate” for a marketing communication

07 August 2020

Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?

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Snapshot

Continuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions

07 August 2020

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?

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Snapshot

ASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks

07 August 2020

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?

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Snapshot

Cookie walls and scrolling – updated EDPB guidance

07 August 2020

Are cookie walls permissible? Can scrolling through a website constitute “consent”?

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Snapshot

ASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims

07 August 2020

Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?

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Snapshot

Luxury and online marketplaces – the next chapter

07 August 2020

Coty v Amazon (C-567/18)

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Snapshot

Force majeure and circumstances beyond reasonable control

07 August 2020

2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)

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Snapshot

ASA ruling on EE – misleading and ambiguous mobile network claims

07 August 2020

Can mobile network providers claim superiority for a service they provide on their network in their ads?

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Snapshot

Contractual discretion; implication of Braganza duty

07 August 2020

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)

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Snapshot

Contractual estoppel; contractual representations

07 August 2020

Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)

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Snapshot

Make sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices

07 August 2020

What are the key points to be considered when using reference pricing in your promotions?

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Snapshot

Contractual interpretation; limitation period for notifying claims

07 August 2020

Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)

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Blog

RPC Bites #14

Published on 07 August 2020. By Ciara Cullen, Partner and Ben Mark, Partner

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.

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Snapshot

CAP’s new “Quick Guide to Advertising Consumer Surveys”

07 August 2020

How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?

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Snapshot

A summary of the ASA Annual Report 2019

07 August 2020

What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?

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Snapshot

Rogue online sellers up against new UK consumer-protection weapon

07 August 2020

What are the new powers granted to the UK’s Competition and Markets Authority (CMA) to combat rogue trading in the digital arena?

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Snapshot

Contractual interpretation; rectification

07 August 2020

Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)

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Snapshot

Consumer rights enhanced by the Omnibus Directive (part of the “New Deal for Consumers”)

07 August 2020

What exactly is the Omnibus Directive? And how is it strengthening consumer rights?

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Blog

Is the promise of a severance payment a reasonable adjustment?

Published on 07 August 2020. By Kelly Thomson, Partner and Kim Wright, Senior Associate

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.

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Blog

Supreme Court reflects on a narrower interpretation of "reflective loss"

Published on 07 August 2020. By Parham Kouchikali, Partner and Rebecca Birkby, Senior Associate

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.

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Blog

CLC issue new Guidance on dispute resolution in the construction industry

Published on 07 August 2020. By Andrew Roper, Partner and Rhys Pennack-Thomas, Associate

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.

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Snapshot

ASA ruling against Revival Shots

07 August 2020

Can companies make health claims in ads for their food products?

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Snapshot

Complying with ASA rules during a pandemic

07 August 2020

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”?

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Snapshot

ASA ruling against Coral – “Have another go” and socially irresponsible gambling

07 August 2020

How careful do you have to be when advertising repeat gambling?

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Snapshot

CAP issues advice notice on the marketing of gambling on eSports on social media

07 August 2020

How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?

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Blog

Courts reach a landing on the test for jurisdiction over co-defendants

Published on 06 August 2020. By Simon Hart, Partner and Emma West, Senior Associate

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.

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Publication

Tax Bites - August 2020

Published on 06 August 2020. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Royal Bank of Canada – Canadian bank liable to pay UK tax on assigned oil royalties

Published on 05 August 2020. By Constantine Christofi, Senior Associate

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.

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Blog

Calculating fair value – is it really fair?

Published on 04 August 2020. By Chris Brierley, Legal Director

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.

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Blog

Where there's a will there's a remote possibility of a way

Published on 03 August 2020. By Simon Love, Senior Associate and Will Sefton, Partner

In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.

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Podcast

A look at the Lloyd's Market Association

03 August 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.

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Podcast

Taxing Matters: HMRC ramps up use of Account Freezing and Forfeiture orders

03 August 2020

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.

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Blog

Roundup of ASA guidance on advertising responsibly in relation to COVID-19

31 July 2020

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.

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Blog

Return of the MAC (clauses) and practical steps for the retail world

31 July 2020

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.

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Blog

Force majeure in a retail context in light of COVID-19

31 July 2020

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.

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Blog

Consumers return to retail. The retail story in China…where are things now?

31 July 2020

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.

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Blog

The summer of discontent?

Published on 31 July 2020. By Kelly Thomson, Partner and Ben Roberts, Partner

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.

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