Snapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Snapshots seeks to cover everything the commercial lawyer needs to know from the previous quarter, aiming to address all the major changes affecting commercial law, from the key cases to data, digital, consumer and advertising developments.
Commercial
- Incorporation of contractual terms—industry standard terms and conditions
- A move away from the formulaic approach to the contractual duty of good faith
- Contract formation—certainty of terms
- Contractual allocation of risk and common mistake
- Contractual interpretation of force majeure clause containing “reasonable endeavours” obligation
- Contract termination—anticipatory repudiatory breach
Data
- EU Advocate General’s opinion on “mere upset” compensation claim under the GDPR
- £250 compensation award for data breach causing limited distress
- ICO fines Halfords £30,000 for sending unsolicited marketing emails
- The Retained EU Law (Revocation and Reform) Bill and its impact on UK data regulation
- ICO publishes new guidance on marketing by electronic mail
- New ICO guidance on direct marketing using live calls
- New US Executive Order is next step towards unrestricted transatlantic data transfers
Digital
- European Commission proposes AI Liability Directive
- EU Artificial Intelligence Act
- UK Intellectual Property Office sets out new guidelines for patent applications related to Artificial Intelligence
- European Cyber Resilience Act
- European Parliament adopts NIS 2 Directive
- UK Government recommends proactive approach to user safety by video sharing platforms
- Russian sanctions and their impact on internet service providers, app stores and social media