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"Recommended for you" - Data risks in AI-powered customer solutions
Retailers and consumer brands are increasingly using AI online and in stores. Examples of how the technology could be leveraged include generative AI like ChatGPT, the automation of supply chains or the detection of fraud. Data regulators in the UK and EU are starting to catch up to the use of these technologies and making their positions known.
Read moreUK Government u-turns on phasing out “CE” product safety marking
What product safety marks can be used on products in the UK?
Read moreThe Retained EU Law (Revocation and Reform) Act 2023 – a happy new year?
How will the Retained EU Law (Revocation and Reform) Act 2023 (the Act) impact UK businesses?
Read moreGovernment consults on improving price transparency and product information for consumers
What does the UK Government’s consultation on Improving Price Transparency and Product Information for Consumers (the Consultation) signal about online choice architecture, and what businesses should be doing now to avoid the risk of fines next year?
Read moreEuropean Parliament publishes draft report on the addictive design of online services
How is the European Parliament looking to combat the exploitation of psychological vulnerabilities through the addictive design of online services?
Read moreNavigating social washing risk – a roadmap
Retailers and consumer brands are increasingly aware of the significant risks associated with “greenwashing”. Those wanting to play in the green space must be able to back up their eco-friendly claims or face the wrath of regulators and consumers. But how many have got to grips with the equivalent business risks of being accused of “social washing”? I suspect significantly fewer. Social washing is the practice of trading off perceived or advertised social credentials which are not reflected in the way the business operates. It’s about putting a black square or #BLM on your social media whilst having no people of colour in any leadership roles. It’s about selling rainbow flag adorned Pride merchandise but letting your trans employees be bullied. Like greenwashing, social washing is about profiting from what you say or project, without backing it up with what you do when no one is watching (or buying). Businesses fail to appreciate this disconnect at their peril, as illustrated beautifully by the Gender Pay Gap bot, set up with this simple mission: “If you tweet about #IWD2023 [International Women’s Day 2023], I’ll retweet your gender pay gap”. In other words, if you tell me yours, I’ll show you yours and you won’t like it.
Read moreTimely reminder of risks in cloud contracts
Over the last decade, cloud solutions have become popular tools to facilitate the digital transformation of businesses, and the retail sector is no exception in its uptake of cloud services.
Read moreWhat 7 challenges can retailers expect in 2024?
RPC's Retail Compass explores what lies ahead for the retail and consumer sector
Read moreIs TikTok the key to the bricks-and-mortar retail revival?
Against the backdrop of sustainably-minded shoppers and cost-conscious consumerism, one of the key focuses for the retail sector in 2023 was (and still remains) the 'revival' of the UK high street.
Read moreWhat is driving the fashion retail insolvencies spike?
What is driving the fashion retail insolvencies spike?
Read moreTHE RISE OF THE DE-INFLUENCER: What does this mean for brands?
Over the past decade, advertisers have increasingly capitalised on the 'influence' of influencers to help shape and create consumer demand for their products and services. In turn, influencers are able to monetise their social media content and connections with brands, creating a symbiotic relationship between the two.
Read moreLifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges
On 4 July 2023, RPC partnered with the British Retail Consortium (BRC) to host the conference 'Lifting the Lid on Retail Diversity and Inclusion: Tackling the Challenges'.
Read moreEuropean Commission proposes new rules on repairing defective goods
How will the EU’s proposed withdrawal button impact businesses?
Read more2023 Gambling Act White Paper: The new age of gambling regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreEU proposal for all distance contracts to include a withdrawal button
How will the EU’s proposed withdrawal button impact businesses?
Read moreNew development – Product Security and Telecommunications Infrastructure Bill
How will the EU’s proposed withdrawal button impact businesses?
Read moreNew ICO guidance on direct marketing and regulatory communications
When is a regulatory communication (ie a message sent in compliance with a regulator’s request) likely to be considered direct marketing?
Read moreThe Digital Markets, Competition and Consumers Bill and its impact on digital markets
What impact will the Digital Markets, Competition and Consumers Bill (DMCC), and the new Digital Markets Unit of the Competition and Markets Authority (DMU), have on the regulation of UK digital markets?
Read moreThe UK’s Digital Markets, Competition and Consumers Bill – a first look at the new regime
What are they key legislative developments proposed by the first draft of the new UK Digital Markets, Competition and Consumers Bill?
Read more2023 Gambling Act White Paper: The new age of gambling regulation
How will the EU’s proposed withdrawal button impact businesses?
Read moreInsolvencies of retail businesses jump 56% in past year to hit decade high
The number of retail business insolvencies jumped 56% in the past year, to hit the highest levels in at least a decade - 1,942 in 2022/23, up from 1,243 in 2021/22 shows new research from international law firm RPC.
Read moreA shifting landscape? The outlook for data regulation in 2023
With a relatively new Information Commissioner in the UK and a renewed focus on getting post-Brexit data protection laws through Parliament, attention is turning to the ICO’s priorities and how they fit into this new landscape.
Read moreTransitioning to a net zero economy
The TPT has published a draft disclosure framework and implementation guidance for private sector entities to transition to a net zero economy, making recommendations for companies and financial institutions to develop gold-standard transition plans.
Read moreCSRD: shakeup of the EU's sustainability reporting rules
The EU’s new Corporate Sustainability Reporting Directive (CSRD) entered into force on 5 January 2023.
Read moreDeposit Return Scheme: Key considerations for drinks producers and retailers in the UK
Defra has now responded to its consultation on the introduction of a DRS in England, Wales and NI. The DRS will require retailers to charge a small fee on certain drinks containers sold, which consumers can reclaim if they return the container to a designated return point.
Read moreEU set to tackle greenwashing with Green Claims Directive
On the 22 March 2023, the European Commission published its proposal for a new 'Green Claims Directive' setting out standardised rules for the assessment, substantiation and communication of green claims.
Read moreGoing Green – staying on the right side of competition law
Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.
Read moreLuxury today - go green or go home?
"Sustainability" is the new buzzword in marketing.
Read moreNew REUL? How will the Retained EU Law (Revocation and Reform) affect UK businesses?
When the Brexit transition period ended, so did the alignment of EU law with UK domestic law.
Read moreA bolstering of the consumer protection regime and some sharper teeth for the CMA – a first look at the new UK Digital Markets, Competition and Consumers Bill
It's been a little over a year in the making, and it's been one of the most hotly anticipated legislative updates since it was first announced in April 2022, but the first draft of the UK's catchily titled Digital Markets, Competition and Consumers Bill, is finally here.
Read moreWhat are the 8 key legal changes ahead for retailers in 2023?
RPC's Retail Compass explores impact of regulatory reforms, rising ESG concerns and fast-evolving AI technology in difficult economic conditions.
Read moreGoing Green - Draft Sustainability Guidance from the CMA
Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.
Read moreCasting your net zero ambitions: eight key steps for retailers
With climate change at the forefront of the ESG agenda, the employment relationship, and the opportunities to engage with the workforce on this subject, are crucial ingredients in the quest to becoming a truly green retailer.
Read moreUK set to reform consumer protection legislation and its competitive regime
The UK is set to introduce a wide array of changes to its consumer protection legislation and competition regime. The focus of the changes revolves around giving greater protection to consumers over subscription traps, tackling fake reviews and improving enforcement. The latter is likely to bring in GDPR/competition law-level fines for breaches of consumer protection legislation or non-compliance with the CMA's investigations or remedies, with maximum fines of up to 10% of global annual turnover.
Read moreWhere to next for Buy Now Pay Later?
On Monday 20 June 2022, HM Treasury responded to its consultation on proposals to extend regulation to unregulated Buy Now Pay Later (BNPL) products. This consultation closed in January 2022. The Treasury's response confirmed the scope of regulation will cover BNPL products and short-term interest free credit (STIFC) provided by third-party lenders.
Read moreExtended producer responsibility for packaging: How to prepare
In the Spring 2022 edition of Retail Compass, we reported on the Government's consultation on regulations covering extended producer responsibility (EPR) which places the financial burden of dealing with packaging once it becomes waste on producers as opposed to taxpayers.
Read moreIt's a supermarket sweep as HFSS products face sweeping promotion and placement restrictions
In an attempt to tackle obesity in the UK, in particular childhood obesity, a swathe of restrictions on the placement and promotion of HFSS products in-store and online will be introduced in phases from October 2022 to January 2024.
Read moreOnline Sales Tax: the right way forward?
On 25 February 2022, HM Treasury launched a consultation exploring the possible introduction of an online sales tax (OST) to address the imbalance resulting from the higher business rates applying to in store retailers, compared to online businesses. The consultation closed on 20 May 2022.
Read moreGreenwashing: UK regulators set their sights on misleading green claims with an increasing focus on sectors such as fashion retail and F&D
UK consumer regulators, the Competition and Markets Authority (CMA) and Advertising Standards Authority (ASA), are ramping up their enforcement of green claims to protect consumers from 'greenwashing'
Read moreUK retail sector M&A deals increase to 34 – up 21% on last year
• M&A targeting fashion retailers particularly active
Read moreRetail Compass Summer edition 2020
Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreThe ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules
At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.
Read moreWilko becomes 'yet another casualty' of tough economic conditions facing UK retailers
'Perfect storm' of rising interest rates, increased energy bills, supply chain issues and squeezed customer spending is hitting retailers hard
Read moreNew CMA Guidance on the Digital Markets Regime published for consultation
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
Read moreThe Digital Markets, Competition and Consumers Act – the Competition Perspective
This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.
Read moreRPC @ London Tech Week 2024
We are delighted to announce that we will once again be hosting several in-person official fringe events around London Tech Week in June 2024.
Read moreDigital Markets, Competition and Consumers Act becomes law
Following the announcement of a date for the general election, the Digital Markets, Competition and Consumers Act (DMCC) rapidly sped through the final stages of parliamentary processes to become law on 24 May 2024
Read moreOfcom's 'Roadmap to Regulation' underway with its consultation on illegal harms duties under the Online Safety Act
In November, Ofcom, as new online safety regulator, published the first of four major consultations under the Online Safety Act ("OSA"), which sets out its proposals for how "user-to-user" ("U2U") services (essentially any online website or app that allows users to interact with each other) and online search services (i.e. Google, Bing and similar) should approach their illegal content duties under the new legislation. The consultation provides guidance in a number of areas including governance, content moderation, reporting and complaints mechanisms, terms of service, supporting child users, and user empowerment.
Read moreFast-growing IP and tech practice at RPC welcomes Caroline Tuck as Partner
International law firm RPC is pleased to announce the appointment of Caroline Tuck as a Partner in its Intellectual Property and Technology (IP & Tech) team. Caroline Tuck joins RPC from Deloitte, where she was a Director in the Disputes team.
Read moreCriminal Liability for Senior Managers under the Online Safety Act
Under the Online Safety Act (OSA), senior managers of in-scope services could be held personally liable in certain circumstances for the company's non-compliance with obligations within the legislation.
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