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The 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 moreFinancial claim caught by clause excluding liability for loss of anticipated profits
How did the court approach the construction of an exclusion clause to determine whether the claimant's financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?
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 moreEuropean Parliament publishes draft report on the addictive design of online services
How is the European Parliament looking to combat the exploitation of psychological vulnerabilities through the addictive design of online services?
Read moreNew Development: Updated ICO guidance on “likely to be accessed by children”
Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.
Read moreNew data bridge to allow for UK-US data transfers
How will the recently approved data bridge impact transfers of personal data from the UK to the US?
Read moreUK ICO and CMA release joint position paper on harmful design in digital markets
What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?
Read moreUK ICO publishes draft biometric data and technologies guidance for public consultation
What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?
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 more2023 Gambling Act White Paper: The new age of gambling regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreEuropean Commission proposes new rules on repairing defective goods
How will the EU’s proposed withdrawal button impact businesses?
Read moreEU proposal for all distance contracts to include a withdrawal button
How will the EU’s proposed withdrawal button impact businesses?
Read moreNew development – Product Security and Telecommunications Infrastructure Bill
How will the EU’s proposed withdrawal button impact businesses?
Read moreNew ICO guidance on direct marketing and regulatory communications
When is a regulatory communication (ie a message sent in compliance with a regulator’s request) likely to be considered direct marketing?
Read moreThe Digital Markets, Competition and Consumers Bill and its impact on digital markets
What impact will the Digital Markets, Competition and Consumers Bill (DMCC), and the new Digital Markets Unit of the Competition and Markets Authority (DMU), have on the regulation of UK digital markets?
Read moreThe UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime
What are they key legislative developments proposed by the first draft of the new UK Digital Markets, Competition and Consumers Bill?
Read more2023 Gambling Act White Paper: The new age of gambling regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreContract interpretation - informality of contract does not overturn text with obvious and clear meaning
Where an informal, brief and home-made agreement has been drafted without lawyer input, will the ordinary rules of contractual interpretation apply?
Read moreCourt of Appeal considers key requirements for an enforceable dispute resolution clause
What form of wording and/or omissions in drafting may result in a Dispute Resolution Procedure (DRP) clause being held to be unenforceable?
Read moreBreach of warranty claim notification fails to comply with notice clause
What principles will a court consider when construing notification of claim clauses in a share purchase agreement to determine whether a party has given valid notice of loss?
Read moreValid incorporation of terms dealing with software error in online contract using click-wrap acceptance
When using the “click-wrap” method to accept terms in an online contract, what issues should be considered to ensure that the terms are properly brought to the consumer’s attention?
Read moreContract novation – consent inferred by conduct despite written restrictions in contract
Where consent for novation has not been provided for explicitly in a contract, how may courts approach inferring consent by conduct?
Read moreThe new Data Act and the EU’s vision for non-personal data sharing in Europe
What does the proposed EU Data Act mean for the usage and sharing of non-personal data by businesses?
Read moreICO publishes new guidance on privacy in the product design lifecycle
What are the key privacy considerations that the Information Commissioner’s Office (ICO) expects organisations to implement in the design and development of their new products and services?
Read moreICO’s new draft guidance on “likely to be accessed by children” under the Age Appropriate Design Code
When will an online service fall within the scope of the Age Appropriate Design Code?
Read moreICO updates its guidance on AI and data protection
What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?
Read moreEuropean Data Protection Board updates guidance on data breach notifications
How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?
Read moreCJEU rules on right to compensation under Article 82 EU GDPR
What must a data subject demonstrate to claim compensation for non-material damage (eg emotional distress/loss of confidence) under the EU General Data Protection Regulation (GDPR)?
Read moreEU Data Protection Board guidance on international data transfers
How does the recent guidance issued by the European Data Protection Board (EDPB) assist businesses in complying with the EU GDPR when carrying out international data transfers?
Read moreIrish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers
What are the implications of the Irish Data Protection Commission’s (IDPC) ruling against Meta for data transfers from the EU/EEA to the US in breach of the EU GDPR?
Read moreItalian Data Protection Authority issues fine for use of dark patterns
How can companies ensure that their websites, apps and other online interfaces comply with regulations restricting the use of dark patterns when collecting consent to the processing of personal data?
Read moreEthics in the age of AI: new Institute of Directors checklist
What are the key considerations for boards regarding the ethical use of AI within their companies based on the Institute of Directors’ (IoD) Checklist for Boards (Checklist)?
Read moreGovernment White Paper sets out UK approach to AI regulation
How is the UK Government looking to regulate AI?
Read moreDigital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms
How might the proposed Digital Markets, Competition and Consumers Bill (the Bill) affect news reporting by digital platforms?
Read moreOpinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework
How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?
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 more