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Snapshots - Spring 2019

Published on 10 April 2019

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

Welcome to the Spring 2019 edition of Snapshots.  

Key developments this month include commentary on the new Copyright Directive (passed in March by the European Parliament) and on the new report by the House of Lords Communications Committee, 'Regulating in a digital world'.  We also consider whether Brexit can frustrate a contract, as well as the latest data developments (from regulatory guidance on the territorial scope of the GDPR to what data encryption and password security should really look like).  In advertising, we look at the launch of the ASA's new five year strategy, which focuses on protecting kids online, gender stereotyping and influencer marketing.  The latter continue to be hot topics, with the CMA publishing its own guidance on influencer marketing, following its investigation into celebrity posts and the ASA bringing in tight new rules over gender stereotyping. Finally, what happens when you mix gambling ads with an app for a TV show aimed at adults, but which has appeal to children?  As the ASA says, it's all about protecting the kids online... Enjoy!

Explore our snapshots by topic or download the full roundup

Advertising & marketing

  • Cadbury’s Freddo advert banned for encouraging children to eat chocolate. Read more

  • CAP issues new rule and guidance on gender stereotyping. Read more

  • CMA tightens noose on ad disclosures. Read more

  • CAP guidance on misleading “faux fur” claims in clothes and accessories. Read more

  • Carwow ruling: RRP claims must reflect the price of products as “generally” sold. Read more

  • Carlsberg in the clear on the inappropriate targeting of under-18s. Read more

  • BCAP issues guidance on use of superimposed text in TV advertising. Read more

  • In-app ads for Tombola Arcade. Read more

  • Compare the Market: qualifying language in ad too material to be communicated by on-screen text. Read more

  • Mondelez ruling: Peter Rabbit promotion not in breach of HFSS ad restrictions. Read more

  • Red Bull's wings clipped on health and concentration claim. Read more

  • The ASA's strategy for the next five years. Read more

Commercial cases

  • The Business Contract Terms (Assignment of Receivables) Regulations 2018. Read more.

  • Service of notices. Read more.
     
  • Contractual certainty/ implied terms. Read more

  • Can Brexit frustrate a contract? Read more

Consumer

  • Secondary ticketing: CMA secures court order against Viagogo to stop engaging in unfair consumer practices. Read more

Data protection

  • ICO guidance on contracts and liabilities between controllers and processors. Read more

  • Does a Facebook Like button on your website make you a data controller? Read more

  • ICO guidance on encryption and use of passwords in online services. Read more

  • European Data Protection Board launches consultation on the territorial scope of the GDPR. Read more

  • ICO updates its guidance on data protection impact assessments. Read more

  • Video recordings and the journalistic exemption. Read more

Intellectual property

  • What are the requirements for demonstrating genuine use of a trademark? Read more

  • PulseOn v Garmin, did the High Court correctly apply the test for infringement of Registered Community Designs? Read more

Technology/Digital

  • House of Lords Communications Committee: “Regulating in a digital world”. Read more
Snapshots - Spring 2019 File type: PDF Size: 713 KB

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