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Perspective - Snapshot

CAP publishes guidance on country of origin claims

Published on 25 Nov 2021.

What do companies need to be mindful of when it comes to country of origin claims?

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Perspective - Snapshot

CAP and BCAP announce progress with gambling ad consultation

Published on 25 Nov 2021.

What updates have arisen as a result of CAP and BCAP’s consultation responding to the findings of the GambleAware Final Synthesis Report?

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Perspective - Snapshot

Prize promotions need prizes!

Published on 25 Nov 2021.

If you are an influencer running a competition, how careful do you need to be when establishing entry criteria and awarding prizes?

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Perspective - Snapshot

CAP publishes guidance on depicting mental health conditions

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What steps must advertisers take in order to ensure that any depiction of mental illness is not socially irresponsible or offensive?

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Perspective - Snapshot

Consumer surveys and Vodafone’s “The UK’s best…” claim

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?

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Perspective - Snapshot

Supreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap

Published on 25 Nov 2021. By David Cran, Head of IP & Tech

Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC

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Perspective - Snapshot

High Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence

Published on 25 Nov 2021. By David Cran, Head of IP & Tech

Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)

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Perspective - Snapshot

Supreme Court confirms (and confines the scope of) the doctrine of economic duress

Published on 25 Nov 2021. By David Cran, Head of IP & Tech

Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC

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Perspective - Snapshot

Non-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses

Published on 25 Nov 2021. By David Cran, Head of IP & Tech

Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32

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Perspective - Snapshot

Court of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk

Published on 25 Nov 2021. By David Cran, Head of IP & Tech

Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149

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Perspective - Snapshot

CMA threatens Groupon with court action over consumer practices

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?

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Perspective - Snapshot

CTSI publishes guide on vulnerable consumers

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Will the UK Government bring in more robust legislation to protect vulnerable consumers?

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Perspective - Snapshot

Government consults on reforms to consumer protection law

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?

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Perspective - Snapshot

UK Government extends deadline to cease using CE marking until 2023

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

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?

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Perspective - Snapshot

DCMS consults on plans to reform UK data protection regime

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What does the Government have in mind for the future of the UK’s data compliance landscape?

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Perspective - Snapshot

ICO releases summary of discussions between G7 data protection authorities

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?

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Perspective - Snapshot

DCMS announces post-Brexit global data plan for the UK

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How will the UK become a “business friendly” country for international data transfers?

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Perspective - Snapshot

ICO approves first certification scheme criteria under the GDPR

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How can the Information Commissioner’s Office (ICO) help businesses and other organisations demonstrate that they comply with data protection standards?

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Perspective - Snapshot

ICO consults on new draft international data transfer proposals

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What steps are being proposed by the UK’s ICO to protect personal data being transferred outside the UK?

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Perspective - Snapshot

ICO publishes guidance on three standards of Children’s Code

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

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?

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Perspective - Snapshot

Government publishes online safety guidance for businesses

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?

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Perspective - Snapshot

Law Commission publishes reforms targeting serious harm arising from online abuse.

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?

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Perspective - Snapshot

NGO submits complaints on allegedly discriminatory algorithms for job ads

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How can online platforms ensure their ad targeting algorithms are non-discriminatory?

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Perspective - Snapshot

DCMS publishes policy paper on digital competition regulation

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

How does the Government plan to drive growth and innovation in digital technologies?

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Perspective - Snapshot

DCMS and BEIS consult on new pro-competition regime for digital markets

Published on 25 Nov 2021. By Oliver Bray, Senior Partner

What will a future pro-competition regime look like for digital markets and how will it potentially impact businesses operating in the digital marketplace?

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Perspective - Snapshot

Snapshots - Summer 2021

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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

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Perspective - Snapshot

UK government publishes draft Online Safety Bill

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?

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Perspective - Snapshot

ASA research into racial and ethnic stereotyping in ads

Published on 02 Aug 2021.

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?

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Perspective - Snapshot

Sexualisation and objectification in advertising

Published on 02 Aug 2021.

Where does the ASA draw the line between “sexy” advertising and sexual objectification?

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Perspective - Snapshot

Ofcom consults on advertising on video-sharing platforms

Published on 02 Aug 2021.

What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?

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Perspective - Snapshot

How not to run an influencer prize promotion

Published on 02 Aug 2021.

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?

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Perspective - Snapshot

#ad your advertising posts on social media

Published on 02 Aug 2021.

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?!

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Perspective - Snapshot

Advertising cryptocurrencies – staying on the right side of the regulatory line

Published on 02 Aug 2021.

What are the key issues to be alive to when advertising cryptocurrencies and NFTs?

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Perspective - Snapshot

European Parliament asks European Commission for guidance post-Schrems II

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

Where next for Schrems II?

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Perspective - Snapshot

UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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?

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Perspective - Snapshot

First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?

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Perspective - Snapshot

EU Commission publishes final versions of its new Standard Contractual Clauses

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?

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Perspective - Snapshot

ICO fines American Express for blurring service emails with marketing emails

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What is the difference between service emails and marketing emails, and what happens if you get it wrong?

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Perspective - Snapshot

Data Sharing Code of Practice goes before UK Parliament

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?

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Perspective - Snapshot

Tackling the issue of “doxxing” in Hong Kong

Published on 02 Aug 2021. By Jonathan Crompton, Partner

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?

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Perspective - Snapshot

Singapore High Court denies first-ever private action brought under the PDPA

Published on 02 Aug 2021. By Jonathan Crompton, Partner

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”?

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Perspective - Snapshot

CMA to publish “greenwashing” guidance in Autumn 2021

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?

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Perspective - Snapshot

CMA targets anti-virus software companies on subscription auto-renewals

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?

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Perspective - Snapshot

CMA continues consultation on potential harms caused by algorithms

Published on 02 Aug 2021. By Oliver Bray, Senior Partner

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?

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Perspective - Snapshot

Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)

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Perspective - Snapshot

Terms implied into a break right limited the capability to exercise the right

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

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Perspective - Snapshot

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

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Perspective - Snapshot

Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638

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Perspective - Snapshot

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

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Perspective - Snapshot

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 Aug 2021. By David Cran, Head of IP & Tech

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

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