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CAP and BCAP consultation on restrictions on ads for “less healthy” foods
How is the ASA going to police new rules on advertising “less healthy” food and drinks (Less Healthy Products)?
Read morePrivity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement
Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors [2023] EWHC 3007 (Comm)
Read moreASA rules against airlines for misleading green claims in paid-for ads
Will it ever be possible for airlines to advertise themselves as being environmentally friendly?
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreApplying limitation of liability clause to primary obligation to pay for goods
Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB)
Read moreASA publishes final report on Intermediary and Platform Principles Pilot
How have the main digital platforms responded to the ASA’s year long Intermediary and Platform Principles Pilot initiative (the IPP)?
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe ASA’s “Active Ad Monitoring” AI tool: nowhere to hide for green claims
What does the ASA’s targeting of its AI monitoring and targeting tool at green claims mean for businesses interested in spotlighting the role they play in the environment?
Read moreNew advertising laws to tackle illegal ads and protect children online
What measures are the Government planning to implement to protect consumers, specifically children, from illegal adverts online?
Read moreASA updates guidance on misleading environmental claims
What additions have been made to the guidance on misleading environmental claims issued by the Committee of Advertising Practice (CAP) and what additional factors should businesses be taking into account now when considering green marketing campaigns? And are the rules beginning to push businesses into “greenhushing” for fear of greenwashing?
Read moreSnapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown
What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?
Read moreASA slams KSI and JD Sports for omitting #ad in online post
What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?
Read moreOFCOM consultation on advertising “less healthy” food and drink products
How are new restrictions on the advertising of less healthy food and drink products under the Health and Care Act 2022 (HCA 2022) likely to be implemented?
Read moreASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s
What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?
Read moreAvoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services
What do traders need to do to ensure online ads for free trials or promotions to subscription services comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
Read moreCMA and CAP issue stronger joint guidance on influencer marketing
What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?
Read moreCMA open letter to businesses on urgency and price reduction claims
What are urgency and price reduction claims and when will they breach consumer protection laws?
Read moreLufthansa ad campaign to protect the environment fails to fly with the ASA
Can an airline claim to be protecting the environment?
Read moreSocial media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication
What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?
Read moreNew legislation proposed to bring FCA regulation to cryptoasset promotions
What will the Government’s new legislation mean for the promotion of cryptoassets?
Read moreASA ends Etihad Airways’ “sustainable aviation” campaign
What went wrong with Etihad’s claim about their commitment to “sustainable aviation” and why did the ASA hold it in breach of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
Read moreASA rules against use of filters to promote beauty products
How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreCMA issues guidance on influencer marketing, including #ad for gifts (!)
What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?
Read moreHSBC finds itself in hot water over climate change claims
What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?
Read moreEuropean Parliament adopts the Digital Markets Act and the Digital Services Act
What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?
Read moreUK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
Read moreOfcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
Read moreUK Government sets out proposals for regulation of AI
What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?
Read moreSnapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreThe EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
Read moreSnapshots Summer 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK government announces the launch of an AI standards hub
What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?
Read moreCMA secures changes to Xbox auto-renewal practices
How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?
Read moreAmended Digital Services Act adopted by European Parliament
How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?
Read moreOfcom guidance on advertising on video-sharing platforms
What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?
Read moreJoint Committee publishes recommendations on the Online Safety Bill
What recommendations have been made by the Joint Committee on the Online Safety Bill and how are these likely to affect service providers?
Read moreEuropean Commission publishes guidance on price promotions under the Omnibus Directive
How should businesses interpret the pricing practices regulations that form part of the Omnibus Directive?
Read moreSnapshots Winter 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreICO publishes guidance on AI decision making
How can companies comply with data regulation when using AI to make decisions affecting individuals?
Read more