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Perspective - Snapshot

ICO publishes guidance on compliance of game design with the Children’s Code

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What steps can game designers take to ensure their games comply with the Children’s Code?

Perspective - Snapshot

DCMS publishes new Code of Practice for app developers and app store operators

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What do app developers and app store operators need to do to comply with the new Code of Practice published by the Department for Digital, Culture, Media and Sport (DCMS)?

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New Metaverse regulation proposal to be discussed by EU Commission

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

How does the European Commission (EC) intend to regulate the Metaverse?

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Online Safety Bill: Latest amendments increase focus on children safety

Published on 31 Mar 2023. By Oliver Bray, Senior Partner

What is the focus of the latest round of amendments proposed to the Online Safety Bill and how will these impact online platforms?

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Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Head of IP & Tech

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

Perspective - Snapshot

CMA issues guidance on influencer marketing, including #ad for gifts (!)

Published on 23 Dec 2022. By Oliver Bray, Senior Partner

What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?

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A move away from the formulaic approach to the contractual duty of good faith

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371

Perspective - Snapshot

Contract formation certainty of terms

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm)

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Contractual allocation of risk and common mistake

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

John Lobb SAS v John Lobb Limited [2022] EWHC 2306 (Ch)

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HSBC finds itself in hot water over climate change claims

Published on 22 Dec 2022. By Oliver Bray, Senior Partner

What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?

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ASA rules on #ad disclosure for director’s social media posts

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

Do the ASA’s rules on advertising disclosure extend to directors and other employees posting on social media?

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ASA raps podcast for not being easily identifiable as an ad

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?

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CMA investigates ASOS, Boohoo and Asda over “greenwashing"

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?

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The ASA’s new Intermediary and Platform Principles Pilot

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?

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New ASA guidance on enhanced disclosure of ads aimed at children

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What advertising disclosures does the ASA expect in advertising targeted at children?

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The new Product Security and Telecommunications Infrastructure Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?

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European Commission forces consumer and advertising changes on TikTok

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?

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Improper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation

Published on 10 Oct 2022. By David Cran, Head of IP & Tech

Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?

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Restraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect

Published on 10 Oct 2022. By David Cran, Head of IP & Tech

In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?

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Court of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates

Published on 10 Oct 2022. By David Cran, Head of IP & Tech

Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?

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Force majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract

Published on 10 Oct 2022. By David Cran, Head of IP & Tech

Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?

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Implied novation by conduct despite contract requiring variations and termination to be in writing

Published on 10 Oct 2022. By David Cran, Head of IP & Tech

Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?

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European Commission publishes Q&As on the new Standard Contractual Clauses

Published on 10 Oct 2022.

What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?

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ICO to focus on vulnerable and disadvantaged in new three-year plan

Published on 10 Oct 2022.

How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?

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European Parliament adopts the Digital Markets Act and the Digital Services Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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?

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UK announces new copyright exemption for text and data mining to promote AI development

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?

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Ofcom prepares for implementation of Online Safety Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?

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UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

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Snapshots Autumn 2022

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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

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The EU Accessibility Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?

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The UK’s new Data Protection and Digital Information Bill

Published on 10 Oct 2022.

Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?

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DCMS launches consultation on intervention into app security and privacy

Published on 28 Jul 2022.

Will a new voluntary Code of Practice encourage better practices amongst app developers and operators to tackle cybercrime?

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ICO fines Clearview AI over £7.5m for facial recognition database

Published on 28 Jul 2022.

How are public bodies and regulators responding to the rise in use of facial recognition technology?

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ICO launches AI and Data Protection Toolkit

Published on 28 Jul 2022.

How can those engaged in the development of artificial intelligence (AI) systems utilise the Information Commissioner’s Office’s AI and data protection risk toolkit (the Toolkit) to better ensure compliance with data protection legislation?

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European Commission and US announce “in principle” agreement on Trans-Atlantic Data Privacy Framework

Published on 28 Jul 2022.

Are we any nearer to a new transatlantic data privacy framework?

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ECJ allows consumer protection associations to bring actions for data protection rights infringement

Published on 28 Jul 2022.

Does the General Data Protection Regulation (GDPR) enable consumer protection associations to bring legal proceedings against persons responsible for breaching data protection laws, even if they are acting without the involvement of a consumer?

Perspective - Snapshot

Snapshots Summer 2022

Published on 03 Jun 2022. By Oliver Bray, Senior Partner

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

Perspective - Snapshot

UK government announces the launch of an AI standards hub

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

Perspective - Snapshot

CMA secures changes to Xbox auto-renewal practices

Published on 12 Apr 2022. By Oliver Bray, Senior Partner

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?

Perspective - Snapshot