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CAP publishes guidance on country of origin claims
What do companies need to be mindful of when it comes to country of origin claims?
Read moreCAP and BCAP announce progress with gambling ad consultation
What updates have arisen as a result of CAP and BCAP’s consultation responding to the findings of the GambleAware Final Synthesis Report?
Read morePrize promotions need prizes!
If you are an influencer running a competition, how careful do you need to be when establishing entry criteria and awarding prizes?
Read moreCAP publishes guidance on depicting mental health conditions
What steps must advertisers take in order to ensure that any depiction of mental illness is not socially irresponsible or offensive?
Read moreConsumer surveys and Vodafone’s “The UK’s best…” claim
Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?
Read moreSupreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC
Read moreHigh Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence
Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)
Read moreSupreme Court confirms (and confines the scope of) the doctrine of economic duress
Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC
Read moreNon-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses
Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32
Read moreCourt of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk
Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149
Read moreCMA threatens Groupon with court action over consumer practices
What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?
Read moreCTSI publishes guide on vulnerable consumers
Will the UK Government bring in more robust legislation to protect vulnerable consumers?
Read moreGovernment consults on reforms to consumer protection law
What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?
Read moreUK Government extends deadline to cease using CE marking until 2023
Why has the UK Government extended the deadline for use of the CE product marking for manufactured goods placed on the market in Great Britain to 1 January 2023?
Read moreDCMS consults on plans to reform UK data protection regime
What does the Government have in mind for the future of the UK’s data compliance landscape?
Read moreICO releases summary of discussions between G7 data protection authorities
How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?
Read moreDCMS announces post-Brexit global data plan for the UK
How will the UK become a “business friendly” country for international data transfers?
Read moreICO approves first certification scheme criteria under the GDPR
How can the Information Commissioner’s Office (ICO) help businesses and other organisations demonstrate that they comply with data protection standards?
Read moreICO consults on new draft international data transfer proposals
What steps are being proposed by the UK’s ICO to protect personal data being transferred outside the UK?
Read moreICO publishes guidance on three standards of Children’s Code
What must organisations do, or avoid doing, to meet the “best interests of the child”, “detrimental use of data” and “data minimisation” standards of the Children’s Code?
Read moreGovernment publishes online safety guidance for businesses
What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?
Read moreLaw Commission publishes reforms targeting serious harm arising from online abuse.
Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?
Read moreNGO submits complaints on allegedly discriminatory algorithms for job ads
How can online platforms ensure their ad targeting algorithms are non-discriminatory?
Read moreDCMS publishes policy paper on digital competition regulation
How does the Government plan to drive growth and innovation in digital technologies?
Read moreDCMS and BEIS consult on new pro-competition regime for digital markets
What will a future pro-competition regime look like for digital markets and how will it potentially impact businesses operating in the digital marketplace?
Read moreSnapshots - Summer 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK government publishes draft Online Safety Bill
How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?
Read moreASA research into racial and ethnic stereotyping in ads
To what extent do racial and ethnic stereotypes, when featured in ads, contribute to real world harms and how might this type of stereotyping be regulated in the future?
Read moreSexualisation and objectification in advertising
Where does the ASA draw the line between “sexy” advertising and sexual objectification?
Read moreOfcom consults on advertising on video-sharing platforms
What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?
Read moreHow not to run an influencer prize promotion
If you’re an influencer with a substantial following, and you plan on running a free prize draw, how careful do you need to be in selecting the winner from the (likely) huge number of responses?
Read more#ad your advertising posts on social media
How much more reminding do influencers, and the brands working with them, need to ensure that all social media posts which advertise products or services are tagged with #ad?!
Read moreAdvertising cryptocurrencies – staying on the right side of the regulatory line
What are the key issues to be alive to when advertising cryptocurrencies and NFTs?
Read moreEuropean Parliament asks European Commission for guidance post-Schrems II
Where next for Schrems II?
Read moreUK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee
What were the grounds of objection by the EU’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) to the EU’s decision to grant the UK adequacy for EU-UK data transfers?
Read moreFirst-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action
Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?
Read moreEU Commission publishes final versions of its new Standard Contractual Clauses
What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?
Read moreICO fines American Express for blurring service emails with marketing emails
What is the difference between service emails and marketing emails, and what happens if you get it wrong?
Read moreData Sharing Code of Practice goes before UK Parliament
What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?
Read moreTackling the issue of “doxxing” in Hong Kong
What legislative changes are being considered in Hong Kong to address the rise in doxxing cases and the resulting harm caused to the affected data subjects?
Read moreSingapore High Court denies first-ever private action brought under the PDPA
What is the definition of “loss or damage”, a threshold requirement which data subjects need to satisfy to pursue a right of private action under the Personal Data Protection Act 2021 (the PDPA)? Specifically, will emotional distress and/or loss of control over personal data suffered by data subjects fall within the definition of “loss or damage”?
Read moreCMA to publish “greenwashing” guidance in Autumn 2021
What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?
Read moreCMA targets anti-virus software companies on subscription auto-renewals
What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?
Read moreCMA continues consultation on potential harms caused by algorithms
What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?
Read moreStandard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach
Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)
Read moreTerms implied into a break right limited the capability to exercise the right
Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)
Read moreCourts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims
MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)
Read moreCourt of Appeal holds that notice of tax covenant claim is valid, despite lack of detail
Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638
Read moreHigh Court denies applicability of an exclusion clause due to convoluted terms and conditions
Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)
Read moreHigh Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test
Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)
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