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;
- 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!
Explore our snapshots by topic or download the full roundup
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
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
Major finance, retail and media companies targeted in Irish “cookie” sweep. Read more
Liverpool FC fail to register “LIVERPOOL” trade mark alone. Read more