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Snapshots Winter 2019

Published on 09 March 2020

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!
This and much, much more…


Explore our snapshots by topic or download the full roundup




ASA seeks injunction for email sent to wrong recipient.  Read more

ASA ruling on “humorous” tweets – Burger King.  Read more

ASA ruling on phrases which may have a sexual connotation – Boohoo.com.  Read more

ASA ruling on Imperial Tobacco.  Read more

ASA ruling on promoting alcohol – Tequila Rose.  Read more

ASA ruling on Dyson.  Read more

ASA issues guidance on how to deliver a compliant marketing subscription box.  Read more


Implied duty of good faith clarified (High Court).  Read more

Implied duty of good faith in relational agreements.  Read more

No “curate’s egg” approach to terms in a subject to contract document (Court of Appeal).  Read more

Cryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement.  Read more

Electronic signatures.  Read more



New statutory redemption period for Irish gift vouchers.  Read more

Data Protection

Lawfulness of automated facial recognition.  Read more

ICO draft Data Sharing Code of Practice.  Read more

ICO revises guidance on timescales for responding to subject access requests.  Read more

Landmark judgment in representative data protection action.  Read more

CJEU rules on the territorial scope of the “right to be forgotten”.  Read more

Striking the balance between the RTBF and substantial public interest.  Read more

CJEU rules out opt-out consent for cookies.  Read more

ICO guidance on the use of cookies and similar technologies.  Read more

Major finance, retail and media companies targeted in Irish “cookie” sweep.  Read more


ASA ruling on Casumo.  Read more 

ASA ruling on Merkur Cashino Ltd.  Read more 

Influencer marketing

ASA ruling on contractual relations – Brooks Brothers.  Read more

ASA ruling on “#brand ambassador” – Cocoa Brown.  Read more 

What is the right # to use when labelling an ad?  Read more 


Liverpool FC fail to register “LIVERPOOL” trade mark alone.  Read more


Online platforms

Memorandum of Understanding on online advertising and intellectual property to continue.  Read more

Obligations to remove content.  Read more
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