Snapshots Summer 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
- Valid incorporation of terms dealing with software error in online contract using click-wrap acceptance
- Court of Appeal considers key requirements for an enforceable dispute resolution clause
- Contract novation – consent inferred by conduct despite written restrictions in contract
- Contract interpretation - informality of contract does not overturn text with obvious and clear meaning
- Breach of warranty claim notification fails to comply with notice clause
Data protection
- Irish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers
- CJEU rules on right to compensation under Article 82 EU GDPR
- Opinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework
- ICO updates its guidance on AI and data protection
- The new Data Act and the EU’s vision for non-personal data sharing in Europe
- ICO publishes new guidance on privacy in the product design lifecycle
- EU Data Protection Board guidance on international data transfers
- European Data Protection Board updates guidance on data breach notifications
Digital
- Government White Paper sets out UK approach to AI regulation
- Singapore’s Online Criminal Harms Bill
- Digital Markets, Competition and Consumers Bill opens door for stricter regulation of news platforms
- UK Government’s draft Media Bill is published
- Ethics in the age of AI: new Institute of Directors checklist
- UK’s new Department for Science, Innovation and Technology
- Bitcoin developers may owe fiduciary duties: Tulip Trading
- New development - Keeling Schedules published for the Data Protection and Digital Information Bill
Consumer
- The UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime
- The Digital Markets, Competition and Consumers Bill and its impact on digital markets
- EU proposal for all distance contracts to include a withdrawal button
- European Commission proposes new rules on repairing defective goods
- 2023 Gambling Act White Paper: The new age of gambling regulation
- New ICO guidance on direct marketing and regulatory communications
- New development – Product Security and Telecommunications Infrastructure Bill
- New development - General Product Safety Regulation
Advertising
- ASA ends Etihad Airways’ “sustainable aviation” campaign
- Lufthansa ad campaign to protect the environment fails to fly with the ASA
- ASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown
- Avoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services
- CMA open letter to businesses on urgency and price reduction claims
- OFCOM consultation on advertising “less healthy” food and drink products
- New legislation proposed to bring FCA regulation to cryptoasset promotions
- CMA and CAP issue stronger joint guidance on influencer marketing
- ASA slams KSI and JD Sports for omitting #ad in online post
- ASA rules against use of filters to promote beauty products
- Social media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication
- ASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s