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What in the AI is going on… April to June 2024
Meta launched its newest generation of its open-source LLM (large language model), Llama 3, which is the technology that powers its AI systems. The launch of Llama 3 signals a step closer to human-like AI that can reason and bestow a memory. OpenAI also discussed plans for its next AI model, GPT-5. Like Llama 3, GPT-5 will see improvements to the model’s planning and reasoning capabilities, going beyond its current capability to deal with discrete tasks. GPT-5 is expected to be released later in the year.
Read moreCMA publishes update paper on AI Foundation Models
What is the state of play for the market of AI Foundation Models (FM) and what issues in the market is the Competition and Markets Authority (CMA) most concerned about?
Read moreEU AI Act is signed!
What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?
Read moreOnline Safety Act: Ofcom consults on draft codes to protect children online
What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?
Read moreUK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot
What is the AI and Digital Hub and how can AI innovators use it?
Read moreEU designates Apple a gatekeeper for iPadOS but not for iMessage
Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?
Read moreNew EU guidelines on mitigating risks for electoral
What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?
Read moreCollective actions under consumer law: proposed amendments to the Digital Markets, Competition and Consumers Bill
Are class actions under consumer protection law likely following the UK’s new DMCC Bill, and if so, what will the impact on businesses be?
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreASA publishes research on green claims in food & beverage industry
What did the ASA find in its research into green claims being made about meat, dairy and plant-based alternative food and drink products?
Read moreASA revises ruling on sexual objectification in FKA Twigs Calvin Klein ad
When does an overtly sexual ad not cross the line into sexual objectification?
Read moreEU cracks down on greenwashing in aviation
What does the EU’s targeting of 20 airlines say about it’s increasingly low tolerance for misleading green claims?
Read moreNew Ofcom guidance on subtitling, audio description and signing tools for broadcasters
What areas do broadcasters need to focus on to meet Ofcom’s new requirements around the quality of access services?
Read moreASA & CAP publish Annual Report for 2023
What are the hot topics for the UK’s Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) and how are they embracing AI in their enforcement strategy?
Read moreFCA guidance on financial promotions in social media
What requirements must those making financial promotions on social media follow under the FCA’s new guidance?
Read moreContractual interpretation of force majeure clause containing “reasonable endeavours” obligation
RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18
Read moreLimitation and exclusion of liability – financial caps and loss of profit
Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185
Read moreEffective incorporation of terms in consumer contracts – sufficiently signposting online terms using click wrap processes
Parker-Grennan v Camelot UK Lotteries Limited [2024] EWCA Civ 185
Read moreNotice of claim clauses – interpreting broad and general terms such as “the nature of the claim” and “in reasonable detail”
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 moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
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 moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
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 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 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)?
Read moreCMA and CAP issue stronger joint guidance on influencer marketing
What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?
Read moreCMA open letter to businesses on urgency and price reduction claims
What are urgency and price reduction claims and when will they breach consumer protection laws?
Read moreLufthansa ad campaign to protect the environment fails to fly with the ASA
Can an airline claim to be protecting the environment?
Read moreSocial media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication
What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?
Read moreNew legislation proposed to bring FCA regulation to cryptoasset promotions
What will the Government’s new legislation mean for the promotion of cryptoassets?
Read moreASA ends Etihad Airways’ “sustainable aviation” campaign
What went wrong with Etihad’s claim about their commitment to “sustainable aviation” and why did the ASA hold it in breach of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code)?
Read moreASA rules against use of filters to promote beauty products
How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?
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 moreCMA issues guidance on influencer marketing, including #ad for gifts (!)
What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?
Read moreHSBC finds itself in hot water over climate change claims
What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?
Read moreUK Government sets out proposals for regulation of AI
What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?
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 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?
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