Snapshots Winter 2020

Published on 15 January 2021

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

In this edition we have;

Material Adverse Change Clauses: Use of a MAC Clause during a Global Pandemic (Travelport Ltd v Wex Inc [2020] EWHC 2670 (Comm). Read more
Exclusion Clauses: The Meaning of “Lost Goodwill” (Primus International Holding Co v Triumph Controls – UK Ltd [2020] EWCA Civ 1228). Read more
Breach of Contract: The Privy Court Considers Remoteness of Damage (Attorney General of the Virgin Islands v Global Water Associates Ltd [2020] UKPC 18). Read more

Confidentiality and Trade Secrets: Interim Injunction in Trade Secrets Claim (Shenzhen Senior Technology Material Co Ltd v Celgard LLC [2020] EWCA Civ 1293). Read more
Breach of Confidence: Raceday Data is not Confidential Information (The Racing Partnership Ltd and others v Sports Information Services Ltd [2020] EWCA Civ 1300). Read more

Data Subject Access Requests: ICO publishes new detailed DSAR guidance. Read more
Regulatory Response to Data Breaches: British Airways slapped with biggest ever fine for data breach. Read more
Statutory Guidance on Regulatory Action: ICO consults on its draft guidance. Read more
Controllers and Processors: EDPB publishes guidance on the difference between controllers and processors under the GDPR. Read more
Regulatory Sandbox: ICO re-opens its guidance service for safer data innovation. Read more
Standard Contractual Clauses: European Commission releases new draft Standard Contractual Clauses. Read more
Schrems II: EDPB publishes its long-awaited guidance on Schrems II ruling. Read more
Mass Surveillance: CJEU rules that the UK’s “mass surveillance” regime is out of line with EU law. Read more

Revised Audiovisual Media Services Directive: the UK implements new online content rules. Read more
The European Electronic Communications Code: UK faces major telecoms regulation overhaul courtesy of the EECC. Read more

Consumer Penalty Terms: A holistic assessment of the fairness of penalty terms in consumer contracts. Read more
Ownership of Goods: Law Commission consults on draft Bill to modernize the rules on ownership of goods under sales contracts. Read more
Smart Products: UK Government eyes up new legislation for “smart” products. Read more

An end to celebrity endorsements in gambling ads? CAP and BCAP consult on tougher rules for gambling advertising. Read more
ASA ruling on Foxy Games: gambling ad deemed socially irresponsible. Read more
ASA ruling on Gala Spins: Self-reporting age is deemed inadequate as a means of protecting underage viewers from gambling ads. Read more
ASA ruling on Skinny Clinic: ads promoting weight loss products deemed irresponsible and at risk of endangering public health. Read more
ASA ruling on Jamella t/a GHD: Influencer and brand under fire for failing to clearly identify marketing communication on TikTok (Jamella t/a GHD in association with Emily Canham). Read more
“Loot boxes” and other in-game purchases: ASA launches consultation. Read more

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