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Retail Compass Autumn 2023
Welcome to our Autumn edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreEU AI ACT-ion stations
The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.
Read moreWhat To Know About AI Fraudsters Before Facing Disputes
Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.
Read moreThe November 2023 AI safety summit and the UK's direction of travel
The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.
Read moreAI and ChatGPT in Law firms
First published by 39 Essex Chambers, in this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by the use of large language models (LLMs) such as ChatGPT in a law firm environment.
Read moreICO updates its guidance on AI and data protection
What are the key data protection principles which the Information Commissioner’s Office (ICO) expects organisations to follow when integrating AI into their product and service offerings?
Read moreUnlocking Generative AI’s Potential: Ethics, Creativity, and Impact
What if you could unlock the full potential of Generative AI and its impact on your life and company?
Read moreThe "Unicorn Kingdom's" AI White Paper
The UK's pro-innovation AI White paper has been published. It landed almost simultaneously with an open letter from the Future of Life Institute which called for a six-month halt in work on AI systems more powerful than the generative AI system: GPT-4.
Read moreSports Ticker (27 April 2023) – PL gambling sponsor ban, WWE x UFC merger and Schumacher's AI interview – a speed-read of commercial updates from the sports world
In a fortnight which saw Corach Rambler win the Grand National, the UK & Ireland submit its bid to host the UEFA Euro 2028 men's tournament, and 48,000 runners take to the streets for the London Marathon, we bring you updates on Spotify's new integration with Strava and Team GB's collaboration with Birds Eye. We also feature stories on a controversial AI-generated interview with Michael Schumacher and our own Kate O'Malley's sub-three hour marathon success.
Read moreRetail Compass Spring 2023
Welcome to our Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreUnderstanding and managing the risks in artificial intelligence (AI) technology projects
How do you go about managing the risks and challenges that might arise during the deployment of AI technology?
Read moreRPC reacts to UK Government White Paper on AI
RPC reacts to UK Government White Paper on AI
Read moreWhat if the CEO asks me about... using Artificial Intelligence in our Retail stores?
The term "artificial intelligence" (AI) describes a range of technologies that enable machines to perform tasks that typically require human intelligence, such as the ability to comprehend, act and learn.
Read moreICO publishes guidance on AI decision making
How can companies comply with data regulation when using AI to make decisions affecting individuals?
Read moreNo bouncing back for directors
Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreExpress and implied good faith obligations and relational contracts
Did an express or implied general duty of good faith arise under a relational contract between parties who were also competitors?
Read moreInterest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages
What is the courts’ approach to awarding statutory interest when a contract provides for contractual interest.
Read moreIncorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms
When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?
Read moreSPA breach of warranty claim – interpreting a no material adverse change warranty
How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?
Read moreExclusion clauses - loss of profits and wasted expenditure
What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?
Read moreExcluding statutory implied terms – inequality of bargaining power considerations
In what circumstances is it reasonable to exclude the statutory implied term as to quality?
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreOfcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
Read moreICO to focus on vulnerable and disadvantaged in new three-year plan
How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?
Read moreEuropean Parliament adopts the Digital Markets Act and the Digital Services Act
What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?
Read moreEuropean Commission publishes Q&As on the new Standard Contractual Clauses
What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?
Read moreUK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
Read moreThe EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
Read moreThe UK’s new Data Protection and Digital Information Bill
Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?
Read moreSnapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreImproper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation
Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?
Read moreCourt of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates
Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?
Read moreThe new Product Security and Telecommunications Infrastructure Bill
What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?
Read moreEuropean Commission forces consumer and advertising changes on TikTok
How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?
Read moreRestraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect
In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?
Read moreImplied novation by conduct despite contract requiring variations and termination to be in writing
Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?
Read moreForce majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract
Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?
Read moreNew ASA guidance on enhanced disclosure of ads aimed at children
What advertising disclosures does the ASA expect in advertising targeted at children?
Read moreASA raps podcast for not being easily identifiable as an ad
How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?
Read moreThe ASA’s new Intermediary and Platform Principles Pilot
What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?
Read moreCMA investigates ASOS, Boohoo and Asda over “greenwashing"
What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?
Read moreASA rules on #ad disclosure for director’s social media posts
Do the ASA’s rules on advertising disclosure extend to directors and other employees posting on social media?
Read moreDCMS launches consultation on intervention into app security and privacy
Will a new voluntary Code of Practice encourage better practices amongst app developers and operators to tackle cybercrime?
Read moreEuropean Commission and US announce “in principle” agreement on Trans-Atlantic Data Privacy Framework
Are we any nearer to a new transatlantic data privacy framework?
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