Snapshots - Winter 2017
A roundup of key legal developments for the modern commercial lawyer.
The focus this quarter includes developments relating to online platforms, with the UK Government and EU Commission publishing papers on Internet Safety and Illegal Content respectively, as well as a draft EU Bill on Platform-to-Business terms. As ever, GDPR is dominating the data world, and we take a look at welcome ICO guidance on contracts between controllers and processors. Finally, recent ASA rulings show an increasing regulatory interest in influencer marketing, particularly in obviously identifying ads. Enjoy!
Explore our snapshots by topic or download the full roundup
Advertising & Marketing
- Can you rely on a long-standing commercial relationship as evidence that media content is "obviously identifiable" as marketing material?
- What level care should be taken when making health claims via celebrities?
- What constitutes “editorial control” for the purpose of determining whether video content is an advertorial?
- ASA Ruling on Bonne Terre Ltd t/a Sky Bingo – marketer responsible for non-compliant advertorial, despite not authorising the ad
- ASA Ruling on American Express Services Europe Ltd (American Express)
- ASA Ruling on News UK & Ireland Ltd t/a News UK
Commercial cases
- How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?
- How will a court assess damages in a claim for negligent valuation?
- What constitutes the “ordinary and proper course of business”?
- Zayo Group International Ltd v Ainger and others [2017] EWHC 2542
- Will a variation of the underlying agreement invalidate a guarantee?
- Can TV formats be protected by copyright as artistic works?
Data protection
- No ICO notifications, but fees continue under GDPR
- How will GDPR affect the world of internet policy and systems of domain name registration?
- ICO issues draft guidance on contracts between data controllers and data processors
- ICO issues TalkTalk monetary penalty notice for £100,000
- Are Model Contract Clauses (or “Standard Contract Clauses” – SSCs) valid under EU data protection law?
- Updates to the draft ePrivacy Regulation
Technology/Digital
Snapshots - Winter 2017