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Snapshots Summer 2019

Published on 16 August 2019

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

Welcome to the Summer 2019 edition of Snapshots.  

This quarter has seen a number of digital developments, including: the Government's publication of its new Online Harms White Paper, which sets out the Government's proposals to introduce a statutory duty of care for online companies; the UK Jurisdiction Taskforce's consultation on cryptoassets and smart contracts; and the DCMS's consultation on security for consumers in the developing world of the Internet of Things.  

We also analyse the German court's decision on whether Amazon (and other e-commerce platforms) have to make a telephone number available to their customers on their platforms, as well as the "New Deal for Consumers' Directive" agreed by the European Parliament and Council. 

While we are now well over a year since the GDPR landed, data remains the hottest of topics.  This edition we look at: consent requirements for the installation of cookies; an ICO fine being issued to a PPI company for sending thousands of spam texts and (more surprising perhaps) HMRC being issued an ICO enforcement notice for its use of biometric data; plus the ICO's new draft code for protecting children online. 

In advertising, we look at the ASA's innovative use of technology, using child avatars to tackle irresponsible gambling ads and in addition, a rare judicial review of an ASA decision regarding its interpretation of the 'average consumer' when deciding on the definition of the term 'fibre' in fibre broadband ads. 

Finally, we explore the Government's news proposals for advertising restrictions for High in Fat, Salt, or Sugar (HFSS) products and a gambling ad in the form of a tweet by Tottenham Hotspur FC that was deemed socially irresponsible by the ASA…

This and much, much more…


Explore our snapshots by topic or download the full roundup


  • CAP: naming prize winners and marketing to children.  Read more

  • Judicial review of ASA decision on “average consumer” test.  Read more
  • ASA ruling on Vodafone pricing.  Read more

  • “Was/now” price claims: Zestify Media.  Read more

  • Lidl held to mislead consumers with cheesy price comparison.  Read more

  • CAP issues guide on comparative advertising campaigns.  Read more

  • ASA rules that Chupa Chups ads don’t suck.  Read more

  • Government consults on HFSS advertising.  Read more


  • Consultation on Distributed Ledger Technologies, Cryptoassets, and Smart Contracts.  Read more

  • Fraudulent Misrepresentation and non-party losses.  Read more
  • Relational’ contracts and the implied duty of good faith.  Read more

  • Benefiting from the Contracts (Rights of Third Parties) Act.  Read more


  • “New Deal for Consumers” Directive.  Read more

  • CMA investigates customers’ auto-renewal terms in online gaming terms and conditions.  Read more
  • No obligation to provide consumer telephone lines: Amazon.  Read more

Data protection

  • Pensions company fined for unsolicited emails following inaccurate advice.  Read more

  • PPI claims company fined £120,000 by the ICO for spam texts.  Read more
  • HMRC issued enforcement notice by ICO for use of biometric data.  Read more

  • ICO: Age Appropriate Design Code for information society services.  Read more

  • Pre-ticked boxes and cookies consents: Planet49.  Read more

  • European Data Protection Board issue guidelines on contractual processing for online services.  Read more

  • Notifying data subjects of processing under the GDPR.  Read more


  • ASA uses child avatars to tackle irresponsible gambling ads targeted at children.  Read more

  • Tottenham Hotspur rapped by ASA for use of young player in betting tweet.  Read more
  • CAP and BCAP issue gambling advertising guidance.  Read more

  • Betfred avoids irresponsible gambling ad breach.  Read more

Influencer marketing

  • Philip Morris burned by its own internal rules on influencer marketing.  Read more


  • When can the court not apply the cost consequences of Part 36 offers?  Read more

Online platforms

  • New EU Platform for Business Regulation: improving fairness of the trading practices of online platforms.  Read more

  • Internet of Things – DCMS consultation on security for consumers.  Read more
  • Government response to DCMS report on disinformation and fake news.  Read more

  • Online Harms White Paper proposes regulatory framework to entrench online safety.  Read more
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