Snapshots Winter 2019

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

Welcome to the Winter 2019 edition of Snapshots. 

The stand out developments this edition include:

• Commercial cases: Beware of automated sign offs on your emails - you might just be unwittingly entering into an agreement (see Neocloeous v Rees). On a related note, there's a helpful case on 'subject to contract' and the extent to which this can apply to parts of a document, but not others (Farrar v Rylatt). There are also two new cases on 'good faith' (New Balance Athletics v Liverpool and UTB v Sheffield United), reminding us (yet again) on the need to watch out for the real meaning of this phrase in our contracts;


• Data protection: The ICO has published fresh guidance on timescales for responding to data subject access requests (hint, act quickly!). The ICO has also shared its new draft Data Sharing Code of Practice. There is a case on the lawfulness of automated facial recognition (R v Chief Constable of South Wales), plus a landmark judgment on representative data actions. Meanwhile the world of adtech is absorbing a new CJEU case on cookies (Planet49) and the ICO has issued its own guidance on the use of cookies and similar technologies.


• Consumer: If you're a retailer with operations in Ireland, you should be aware of the new minimum expiry date for all gift vouchers in Ireland. 


• Advertising: As ever, influencer marketing continues to attract the attention of the ASA, as it confirms that any commercial engagement with an influencer will render that influencer's own posts as advertising (Matthew Zorpas and Brooks Brothers). Equally, using "#brandambassador" won't remove the need for #ad or similar (Olivia Buckland and Cocoa Brown). And could Burger King make a humorous tweet about milk-shaking Nigel Farage…no!