Snapshots Spring 2024
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.
Commercial
- Privity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement
- Construing exclusion and limitation of liability clauses – fraudulent performance of a contract
- Express and implied contractual duties of good faith – construing the clause in its context and approach to the implication of terms
- Applying limitation of liability clause to primary obligation to pay for goods
Data
- ICO publishes updates to its guidance on Transfer Risk Assessments
- ICO launches consultation series on generative AI and data protection
- Department for Science, Innovation and Technology consults on proposed data infrastructure statutory framework
- CJEU rules on what constitutes “automated decision-making” under the GDPR
- ICO warns UK’s most visited websites to improve cookie choices
- ICO fines HelloFresh £140,000 after 7-month spam marketing campaign
- New ICO guidance on content moderation and data compliance
- EDPB adopts opinion on “main establishment” of a controller in the EU
- New Development: EU Data Act published in Official Journal
Digital
- UK Supreme Court rejects AI as “inventor” under the Patents Act
- Court of Appeal holds Samsung liable for trade mark infringement by third-party apps
- The new EU Digital Operational Resilience Act (DORA)
- New Development: National Cyber Security Centre warns AI is likely to heighten global ransomware threat
- What the AI is going on… December 2023 to March 2024
- UK Government publishes response to AI White Paper consultation
Consumer
Advertising
- ASA rules against airlines for misleading green claims in paid-for ads
- New advertising guidance released on Green Disposal Claims
- Green claims form the focus of CMA investigation into Unilever
- CMA investigates Simba Sleep for misleading advertising practices
- CAP and BCAP consultation on restrictions on ads for “less healthy” foods