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Snapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
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 moreICO publishes updates to its guidance on Transfer Risk Assessments
How will recent updates to the Information Commissioner’s Office’s (ICO) guidance on Transfer Risk Assessments (TRAs) affect how UK organisations conduct their TRAs?
Read moreDepartment for Science, Innovation and Technology consults on proposed data infrastructure statutory framework
What statutory obligations could the Department for Science, Innovation and Technology’s (DSIT) proposed statutory framework impose on UK data centre providers?
Read moreICO launches consultation series on generative AI and data protection
What is the Information Commissioner’s Office’s (ICO) intended approach to developing guidance on how data protection law should be applied to the development and use of generative AI?
Read moreCJEU rules on what constitutes “automated decision-making” under the GDPR
Does the production of a credit score constitute “automated decision-making” for the purposes of Article 22 of the EU General Data Protection Regulation (GDPR)? What wider impact will this have for AI technologies?
Read moreICO warns UK’s most visited websites to improve cookie choices
What steps is the ICO taking to ensure that website cookie banners are compliant with law?
Read moreICO fines HelloFresh £140,000 after 7-month spam marketing campaign
Where did HelloFresh go wrong with their email and text marketing campaign and what lessons can be learned from the ICO’s investigation and subsequent fine?
Read moreNew ICO guidance on content moderation and data compliance
How can organisations using content moderation technologies and processes best comply with data protection laws?
Read moreEDPB adopts opinion on “main establishment” of a controller in the EU
What is meant by “main establishment” under article 4(16)(a) of the GDPR for the purposes of determining the application of the one-stop-shop mechanism?
Read moreNew Development: EU Data Act published in Official Journal
The EU Data Act (the Act) came into force on 11 January 2024. The Act sets out rules regarding the fair access to and use of data, aiming to enhance the data economy for individuals and businesses by overcoming barriers to data sharing and establishing frameworks around data access and use.
Read moreICO issues preliminary enforcement notice against Snap for its “My AI” Chatbot
How can organisations who wish to join to the world of generative AI ensure that they adequately assess the risks from the perspective of the Information Commissioner’s Office (ICO)?
Read moreNew Development: EDPB provides clarification on tracking techniques covered by the ePrivacy Directive
On 14 November 2023, the European Data Protection Board (EDPB) adopted a set of new guidelines (the Guidelines) on the technical scope of Article 5(3) of the ePrivacy Directive (the ePD).
Read moreICO publishes guidance to ensure lawful monitoring in the workplace
How can employers monitor their workers whilst maintaining their trust and complying with data protection regulation?
Read moreClearview AI cleared of £7.5m ICO fine for processing data outside the UK
Just how did the processing of personal data by Clearview AI (Clearview) fall outside the scope of UK GDPR?
Read moreICO publishes its draft “Data Protection Fining Guidance” for public consultation
How will the Information Commissioner’s Office (ICO) calculate the amount of a fine under the UK GPDR and the Data Protection Act (DPA) 2018?
Read moreEU Advocate General’s opinion on data subjects’ rights to compensation for non-material damage under the GDPR
Does the theft of an individual’s sensitive personal data by a wrongdoer give rise to compensation for non-material damage under Article 82 EU General Data Protection Regulation (GDPR), if the wrongdoer has not used, or taken steps to use, the sensitive personal data for any purpose?
Read moreNew data bridge to allow for UK-US data transfers
How will the recently approved data bridge impact transfers of personal data from the UK to the US?
Read moreUK ICO publishes draft biometric data and technologies guidance for public consultation
What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?
Read moreUK ICO and CMA release joint position paper on harmful design in digital markets
What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?
Read moreNew Development: Updated ICO guidance on “likely to be accessed by children”
Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.
Read moreUK ICO publishes joint statement on data scraping and the protection of privacy
What are the key privacy risks that the UK Information Commissioner’s Office (ICO) expects organisations to consider when hosting publicly accessible personal data and how can those privacy risks be mitigated?
Read moreICO publishes new guidance on privacy in the product design lifecycle
What are the key privacy considerations that the Information Commissioner’s Office (ICO) expects organisations to implement in the design and development of their new products and services?
Read moreThe new Data Act and the EU’s vision for non-personal data sharing in Europe
What does the proposed EU Data Act mean for the usage and sharing of non-personal data by businesses?
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 moreEuropean Data Protection Board updates guidance on data breach notifications
How does the recent update to the European Data Protection Board (EDPB) guidance impact data breach notifications for businesses?
Read moreCJEU rules on right to compensation under Article 82 EU GDPR
What must a data subject demonstrate to claim compensation for non-material damage (eg emotional distress/loss of confidence) under the EU General Data Protection Regulation (GDPR)?
Read moreIrish Data Protection Commission decision muddies the water for Meta’s EU-US data transfers
What are the implications of the Irish Data Protection Commission’s (IDPC) ruling against Meta for data transfers from the EU/EEA to the US in breach of the EU GDPR?
Read moreEU Data Protection Board guidance on international data transfers
How does the recent guidance issued by the European Data Protection Board (EDPB) assist businesses in complying with the EU GDPR when carrying out international data transfers?
Read moreOpinions aplenty on the European Commission’s draft adequacy decision regarding the EU-US Data Privacy Framework
How have the EU law-making institutions reacted to the draft adequacy decision regarding the EU-US Data Privacy Framework (DPF)?
Read moreItalian Data Protection Authority issues fine for use of dark patterns
How can companies ensure that their websites, apps and other online interfaces comply with regulations restricting the use of dark patterns when collecting consent to the processing of personal data?
Read moreICO’s new draft guidance on “likely to be accessed by children” under the Age Appropriate Design Code
When will an online service fall within the scope of the Age Appropriate Design Code?
Read moreICO publishes guidance on compliance of game design with the Children’s Code
What steps can game designers take to ensure their games comply with the Children’s Code?
Read morePrivity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement
Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors [2023] EWHC 3007 (Comm)
Read moreASA rules against airlines for misleading green claims in paid-for ads
Will it ever be possible for airlines to advertise themselves as being environmentally friendly?
Read moreCAP and BCAP consultation on restrictions on ads for “less healthy” foods
How is the ASA going to police new rules on advertising “less healthy” food and drinks (Less Healthy Products)?
Read moreApplying limitation of liability clause to primary obligation to pay for goods
Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB)
Read moreASA publishes final report on Intermediary and Platform Principles Pilot
How have the main digital platforms responded to the ASA’s year long Intermediary and Platform Principles Pilot initiative (the IPP)?
Read moreThe ASA’s “Active Ad Monitoring” AI tool: nowhere to hide for green claims
What does the ASA’s targeting of its AI monitoring and targeting tool at green claims mean for businesses interested in spotlighting the role they play in the environment?
Read moreNew advertising laws to tackle illegal ads and protect children online
What measures are the Government planning to implement to protect consumers, specifically children, from illegal adverts online?
Read moreASA updates guidance on misleading environmental claims
What additions have been made to the guidance on misleading environmental claims issued by the Committee of Advertising Practice (CAP) and what additional factors should businesses be taking into account now when considering green marketing campaigns? And are the rules beginning to push businesses into “greenhushing” for fear of greenwashing?
Read moreASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown
What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?
Read moreASA slams KSI and JD Sports for omitting #ad in online post
What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?
Read moreOFCOM consultation on advertising “less healthy” food and drink products
How are new restrictions on the advertising of less healthy food and drink products under the Health and Care Act 2022 (HCA 2022) likely to be implemented?
Read moreASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s
What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?
Read moreAvoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services
What do traders need to do to ensure online ads for free trials or promotions to subscription services comply with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
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