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Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

Terms implied into a break right limited the capability to exercise the right

Published on 02 Aug 2021. By David Cran, Partner, Head of IP & Tech

Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

Snapshots - Spring 2021

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

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

European Commission awards draft adequacy decision to the UK

Published on 09 Jun 2021.

How can data transfers between the UK and the EU be securely and legally executed following Brexit?

ICO resumes investigation into real time bidding (RTB) and AdTech

Published on 09 Jun 2021.

What will be the ultimate impact of the ICO’s continuing investigations into RTB and AdTech?

European Data Protection Board (EDPB) issues draft guidelines for data breach notification

Published on 09 Jun 2021.

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)?

Data Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose

Published on 09 Jun 2021.

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?

European Council makes progress on the ePrivacy Regulation

Published on 09 Jun 2021.

Where have the negotiations on the ePrivacy Regulation got to and what comes next?

UK publishes response to consultation on online harms

Published on 09 Jun 2021.

What does the government’s response to its consultation on the Online Harms White Paper mean for “Big Tech”?

DCMS publishes prototype trust framework on digital identity products and services

Published on 09 Jun 2021.

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)?

ICO launches data analytics toolkit

Published on 09 Jun 2021.

What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?

Leads Works lands £250,000 fine for sending marketing messages without consent

Published on 09 Jun 2021.

What level of fine are you looking at for sending mass marketing messages without consent?

EDPB adopts guidelines on virtual voice assistants

Published on 09 Jun 2021.

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?

Snapshots Spring 2021: Your data fix

Published on 09 Jun 2021.

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

The EDPS publishes its opinion on the Digital Services Act and Digital Markets Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

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)?

Ofcom introduces new rules protecting the mental health of those participating in TV and radio

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What measures will TV and radio broadcasters have to put in place to protect the mental health of participants?

UK authorities consider position of AI in preparation for a new Golden Age of Tech

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?

Data privacy in China Measures for the Supervision and Administration of Online Transactions

Published on 09 Jun 2021. By Jonathan Crompton, Partner

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.

Singapore Court of Appeal issues landmark decision in first cryptocurrency related trial

Published on 09 Jun 2021. By Jonathan Crompton, Partner

Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02

Hong Kong crypto regulation | Proposed decision in first cryptocurrency related trial mandatory licensing and supervisory regime for Virtual Asset Service Providers (VASPs)

Published on 09 Jun 2021. By Jonathan Crompton, Partner

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).

Catching up data privacy laws in Asia are changing

Published on 09 Jun 2021. By Jonathan Crompton, Partner

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.

Government to review the Gambling Act

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What legislative changes are being considered to address the risks associated with modern gambling?

Making online games safer by design

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How does the UK Gambling Commission’s new rules modify online game design?

New “right to repair” regulations due Summer 2021

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?

Unfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance

Published on 09 Jun 2021.

When should the fairness of a term be assessed in a consumer contract?

The Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)

Commercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)

Snapshots Spring 2021: Your advertising and marketing fix

Published on 09 Jun 2021.

A roundup of key legal developments in advertising and marketing for the modern commercial lawyer.

ASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

Is a gambling ad that features potentially problematic behaviour socially irresponsible?

ASA rules “was” pricing claim by Watches of Switzerland as misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How long does it take for a lower price claim to become the “usual” selling price for a product? What if the previous higher price ran for three years, and the lower price is in place for ten months? Does this period of time negate the ability to use the higher price as a “was” price comparison?

Three Mobile claim to be “the best network for data” misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?

DCMS begins inquiry into influencer culture and the power of influencers in marketing

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What are the UK government’s future plans for influencer marketing

ASA upholds misleading “Jab & Go” claim against Ryanair

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”

ASA upholds use of filters in social media beauty ads as misleading

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

Should influencers be allowed to use filters when advertising cosmetic products?

Committee of Advertising Practice publishes guidance for marketing on TikTok

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?

Avoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements

Published on 09 Jun 2021. By Oliver Bray, Senior Partner

What enforcement options are available against marketers who use fake reviews to promote their goods or services?

Penalty clause regarding IP rights harsh but not unenforceable

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)

"Change in law" provisions: COVID-19 and leisure facilities

Published on 09 Jun 2021. By David Cran, Partner, Head of IP & Tech

Westminster City Council v Sport and Leisure Management Ltd [2021] EWHC 98 (TCC)

Snapshots Winter 2020

Published on 15 Jan 2021.

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

A holistic assessment of the fairness of penalty terms in consumer contracts

Published on 15 Jan 2021.

Case C-738/19 A v B EU:C:2020:687 (10 September 2020)

Snapshots Autumn 2020

Published on 02 Nov 2020. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

ICO publishes guidance on AI decision making

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How can companies comply with data regulation when using AI to make decisions affecting individuals?

ICO publishes contact tracing guidance

Published on 02 Nov 2020. By David Cran, Partner, Head of IP & Tech

Damages for distress for failing to verify personal data

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

The EECC, the ePD and the GDPR – a complex interplay creating a breach notification nightmare for providers of communications services

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

What impact will the implementation of the new Directive establishing the European Electronic Communications Code (2018/1972) (EECC) have on the scope and application of the ePrivacy Directive (2002/58/EC) (ePD) for providers of electronic communication services?

H&M hit with €35.3m fine for GDPR employee breach

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

How did H&M’s internal data collection processes land it with the second largest fine in data breach history?

EU social media targeting guidelines – call for feedback

Published on 02 Nov 2020. By Oliver Bray, Senior Partner

Who are the key actors in the targeting of social media users, and what can they learn from the EU's new social media targeting guidelines?