Snapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Snapshots seeks to cover everything the commercial lawyer needs to know from the previous quarter, aiming to address all the major changes affecting commercial law, from the key cases to data, digital, consumer and advertising developments.
Case analysis
- Contractual right to terminate – determining whether there has been a material breach
- Contract termination – obligation to engage during notice period
- Contract formation during contract negotiations
- Oral commission agreement for sale of property silent on consideration for actual service provided – legal remedies
- Audit clauses – true construction and implied terms
Data protection
- UK’s Data Protection and Digital Information Bill
- ICO publishes new guidance on international transfers
- UK’s first adequacy decision since leaving EU permits data transfers to South Korea
- ICO to publish names of organisations it investigates
- EU lawmakers to legislate on online political advertising
- ICO publishes guidance on compliance of game design with the Children’s Code
- EDPB’s Cookie Banner Taskforce publishes report on bad cookie practices
Digital
- The Digital Markets Act and the Digital Services Act: Recap and latest updates
- Online Safety Bill: Latest amendments increase focus on children safety
- DCMS publishes new Code of Practice for app developers and app store operators
- New Metaverse regulation proposal to be discussed by EU Commission
- UK Government sets out regulatory proposals for marketing cryptoassets
Consumer
- The new EU Green Claims Directive and the CMA’s FMCG review shows greenwashing is firmly in the sights of EU and UK regulators
- New General Product Safety Regulation to offer more safety for online shoppers and vulnerable consumers
- Court of Justice of the EU – Amazon may be found liable for marketing third-party counterfeit products
- UK’s new Extended Producer Responsibility regime increases waste packaging responsibilities
Advertising
- Social influencers and gifts: ASA lowers bar for #ad marketing disclosures
- FCA gets tough on illegal financial promotions on social media
- HMRC sending “nudge” letters to social media influencers to encourage tax compliance
- ASA slams social media post for breaching rules on alcohol advertising
- The ASA’s strict approach to affiliate marketing links and the need for advertising disclosures
- “Up to 50% off” Carpetright saving claim deemed misleading by ASA
- ASA rules against Match.com on portrayal of offensive gender stereotypes