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NGO submits complaints on allegedly discriminatory algorithms for job ads
How can online platforms ensure their ad targeting algorithms are non-discriminatory?
Read moreGovernment publishes online safety guidance for businesses
What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?
Read moreSnapshots - Summer 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK government publishes draft Online Safety Bill
How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?
Read moreOfcom consults on advertising on video-sharing platforms
What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?
Read moreASA research into racial and ethnic stereotyping in ads
To what extent do racial and ethnic stereotypes, when featured in ads, contribute to real world harms and how might this type of stereotyping be regulated in the future?
Read moreHow not to run an influencer prize promotion
If you’re an influencer with a substantial following, and you plan on running a free prize draw, how careful do you need to be in selecting the winner from the (likely) huge number of responses?
Read more#ad your advertising posts on social media
How much more reminding do influencers, and the brands working with them, need to ensure that all social media posts which advertise products or services are tagged with #ad?!
Read moreAdvertising cryptocurrencies – staying on the right side of the regulatory line
What are the key issues to be alive to when advertising cryptocurrencies and NFTs?
Read moreSexualisation and objectification in advertising
Where does the ASA draw the line between “sexy” advertising and sexual objectification?
Read moreUK Law Commission launches call for evidence on digital and crypto assets
How ready is English law to accommodate emerging technologies, in particular digital assets?
Read moreFacebook combats fake reviews following CMA pressure
What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?
Read moreEuropean Commission looks to strengthen the Code of Practice on Disinformation
What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?
Read moreEuropean Commission proposes new rules on AI
How will future EU regulations affect the development of artificial intelligence (AI)?
Read moreTackling the issue of “doxxing” in Hong Kong
What legislative changes are being considered in Hong Kong to address the rise in doxxing cases and the resulting harm caused to the affected data subjects?
Read moreSingapore High Court denies first-ever private action brought under the PDPA
What is the definition of “loss or damage”, a threshold requirement which data subjects need to satisfy to pursue a right of private action under the Personal Data Protection Act 2021 (the PDPA)? Specifically, will emotional distress and/or loss of control over personal data suffered by data subjects fall within the definition of “loss or damage”?
Read moreCMA to publish “greenwashing” guidance in Autumn 2021
What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?
Read moreCMA targets anti-virus software companies on subscription auto-renewals
What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?
Read moreCMA continues consultation on potential harms caused by algorithms
What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?
Read moreSnapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreEuropean Commission awards draft adequacy decision to the UK
How can data transfers between the UK and the EU be securely and legally executed following Brexit?
Read moreICO resumes investigation into real time bidding (RTB) and AdTech
What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?
Read moreEuropean Data Protection Board (EDPB) issues draft guidelines for data breach notification
What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?
Read moreData Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose
Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?
Read moreEuropean Council makes progress on the ePrivacy Regulation
Where have the negotiations on the ePrivacy Regulation got to and what comes next?
Read moreUK publishes response to consultation on online harms
What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?
Read moreDCMS publishes prototype trust framework on digital identity products and services
What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?
Read moreICO launches data analytics toolkit
What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?
Read moreLeads Works lands £250,000 fine for sending marketing messages without consent
What level of fine are you looking at for sending mass marketing messages without consent?
Read moreEDPB adopts guidelines on virtual voice assistants
Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?
Read moreThe EDPS publishes its opinion on the Digital Services Act and Digital Markets Act
The question: What recommendations has the European Data Protection Supervisor (EDPS) made in respect of the EU’s proposed Digitals Services Act (DSA) and Digital Markets Act (DMA)?
Read moreData privacy in China Measures for the Supervision and Administration of Online Transactions
On 15 March 2021, the State Administration for Market Regulation in Mainland China officially approved the Measures for the Supervision and Administration of Online Transactions (the “Measures”), which came into force on 1 May 2021.
Read moreSingapore Court of Appeal issues landmark decision in first cryptocurrency related trial
Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02
Read moreHong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)
In November 2020, the Financial Services and Treasury Bureau (FSTB) issued a public consultation paper proposing a new mandatory licensing and supervisory regime for all VASPs under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (AMLO).
Read moreCatching up data privacy laws in Asia are changing
The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.
Read moreUnfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance
When should the fairness of a term be assessed in a consumer contract?
Read moreThe Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)
Read morePenalty clause regarding IP rights harsh but not unenforceable
Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)
Read moreSnapshots Winter 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreA holistic assessment of the fairness of penalty terms in consumer contracts
Case C-738/19 A v B EU:C:2020:687 (10 September 2020)
Read moreSnapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreAudiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreWhat were the CMA’s key findings in its final report on online platforms and digital advertising?
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
Read moreThe ASA’s new UK Scam Alert System
What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?
Read moreWish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted
Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?
Read morePlayrix: gameplay footage must be representative of the gaming experience
When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?
Read moreP&G: verification requirements in comparative advertising campaigns
How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?
Read moreBOXT: ‘next day delivery’ and comparative pricing claims
How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?
Read moreSky UK: clarity over upfront costs and different fees charged to different groups
Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?
Read moreSnapshots Summer 2020
A roundup of key legal developments for the modern commercial lawyer.
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