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Perspective - Snapshot

European Commission looks to strengthen the Code of Practice on Disinformation

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

What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?

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Perspective - Snapshot

UK Law Commission launches call for evidence on digital and crypto assets

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

How ready is English law to accommodate emerging technologies, in particular digital assets?

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Perspective - Snapshot

European Commission proposes new rules on AI

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

How will future EU regulations affect the development of artificial intelligence (AI)?

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Perspective - Snapshot

Facebook combats fake reviews following CMA pressure

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

What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?

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Perspective - Snapshot

Snapshots - Spring 2021

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

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

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Perspective - Snapshot

ASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

Is a gambling ad that features potentially problematic behaviour socially irresponsible?

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Perspective - Snapshot

Snapshots Spring 2021: Your advertising and marketing fix

Published on 09 Jun 2021.

A roundup of key legal developments in advertising and marketing for the modern commercial lawyer.

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Perspective - Snapshot

ASA rules “was” pricing claim by Watches of Switzerland as misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How long does it take for a lower price claim to become the “usual” selling price for a product? What if the previous higher price ran for three years, and the lower price is in place for ten months? Does this period of time negate the ability to use the higher price as a “was” price comparison?

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Perspective - Snapshot

Committee of Advertising Practice publishes guidance for marketing on TikTok

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?

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Perspective - Snapshot

Three Mobile claim to be “the best network for data” misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?

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Perspective - Snapshot

DCMS begins inquiry into influencer culture and the power of influencers in marketing

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What are the UK government’s future plans for influencer marketing

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Perspective - Snapshot

ASA upholds misleading “Jab & Go” claim against Ryanair

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”

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Perspective - Snapshot

ASA upholds use of filters in social media beauty ads as misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

Should influencers be allowed to use filters when advertising cosmetic products?

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Perspective - Snapshot

Avoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What enforcement options are available against marketers who use fake reviews to promote their goods or services?

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Perspective - Snapshot

Data privacy in China Measures for the Supervision and Administration of Online Transactions

Published on 09 Jun 2021. By Jonathan Crompton, Partner

On 15 March 2021, the State Administration for Market Regulation in Mainland China officially approved the Measures for the Supervision and Administration of Online Transactions (the “Measures”), which came into force on 1 May 2021.

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Perspective - Snapshot

Singapore Court of Appeal issues landmark decision in first cryptocurrency related trial

Published on 09 Jun 2021. By Jonathan Crompton, Partner

Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02

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Perspective - Snapshot

Hong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)

Published on 09 Jun 2021. By Jonathan Crompton, Partner

In November 2020, the Financial Services and Treasury Bureau (FSTB) issued a public consultation paper proposing a new mandatory licensing and supervisory regime for all VASPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO).

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Perspective - Snapshot

Catching up data privacy laws in Asia are changing

Published on 09 Jun 2021. By Jonathan Crompton, Partner

The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.

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Perspective - Snapshot

Making online games safer by design

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How does the UK Gambling Commission’s new rules modify online game design?

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Perspective - Snapshot

Government to review the Gambling Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What legislative changes are being considered to address the risks associated with modern gambling?

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Perspective - Snapshot

New “right to repair” regulations due Summer 2021

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?

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Perspective - Snapshot

Unfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance

Published on 09 Jun 2021.

When should the fairness of a term be assessed in a consumer contract?

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Perspective - Snapshot

Penalty clause regarding IP rights harsh but not unenforceable

Published on 09 Jun 2021. By David Cran, Head of IP & Tech

Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)

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Perspective - Snapshot

The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement

Published on 09 Jun 2021. By David Cran, Head of IP & Tech

CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)

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Perspective - Snapshot

"Change in law" provisions: COVID-19 and leisure facilities

Published on 09 Jun 2021. By David Cran, Head of IP & Tech

Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)

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Perspective - Snapshot

Commercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters

Published on 09 Jun 2021. By David Cran, Head of IP & Tech

Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)

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Perspective - Snapshot

European Commission awards draft adequacy decision to the UK

Published on 09 Jun 2021.

How can data transfers between the UK and the EU be securely and legally executed following Brexit?

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Perspective - Snapshot

Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose

Published on 09 Jun 2021.

Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?

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Perspective - Snapshot

DCMS publishes prototype trust framework on digital identity products and services

Published on 09 Jun 2021.

What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?

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Perspective - Snapshot

Leads Works lands £250,000 fine for sending marketing messages without consent

Published on 09 Jun 2021.

What level of fine are you looking at for sending mass marketing messages without consent?

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Perspective - Snapshot

EDPB adopts guidelines on virtual voice assistants

Published on 09 Jun 2021.

Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?

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Perspective - Snapshot

ICO launches data analytics toolkit

Published on 09 Jun 2021.

What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?

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Perspective - Snapshot

European Data Protection Board (EDPB) issues draft guidelines for data breach notification

Published on 09 Jun 2021.

What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?

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Perspective - Snapshot

European Council makes progress on the ePrivacy Regulation

Published on 09 Jun 2021.

Where have the negotiations on the ePrivacy Regulation got to and what comes next?

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Perspective - Snapshot

Snapshots Spring 2021: Your data fix

Published on 09 Jun 2021.

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

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Perspective - Snapshot

UK publishes response to consultation on online harms

Published on 09 Jun 2021.

What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?

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Perspective - Snapshot

ICO resumes investigation into real time bidding (RTB) and AdTech

Published on 09 Jun 2021.

What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?

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Perspective - Snapshot

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

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Perspective - Snapshot

Ofcom introduces new rules protecting the mental health of those participating in TV and radio

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?

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Perspective - Snapshot

The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?

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Perspective - Snapshot

Snapshots Winter 2020

Published on 15 Jan 2021.

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

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Perspective - Snapshot

A holistic assessment of the fairness of penalty terms in consumer contracts

Published on 15 Jan 2021.

Case C-738/19 A v B EU:C:2020:687 (10 September 2020)

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Perspective - Snapshot

Snapshots Autumn 2020

Published on 02 Nov 2020. By Oliver Bray, Senior Partner and David Cran, Head of IP & Tech

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

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Perspective - Snapshot

Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

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Perspective - Snapshot

P&G: verification requirements in comparative advertising campaigns

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

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Perspective - Snapshot

Playrix: gameplay footage must be representative of the gaming experience

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

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Perspective - Snapshot

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 Nov 2020. By David Cran, Head of IP & Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

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Perspective - Snapshot

Contractual interpretation: the dangers of inconsistency between formulae and worked examples

Published on 02 Nov 2020. By David Cran, Head of IP & Tech

Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)

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Perspective - Snapshot

Good faith: relational contracts and the implied duty of good faith

Published on 02 Nov 2020. By David Cran, Head of IP & Tech

Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)

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Perspective - Snapshot

Restrictive covenants: restraint of trade and bespoke contracts

Published on 02 Nov 2020. By David Cran, Head of IP & Tech

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)

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