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What in the AI is going on… April to June 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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.

CMA publishes update paper on AI Foundation Models

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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?

EU AI Act is signed!

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the core elements of the EU’s Artificial Intelligence Act and how does it impact the regulation of AI systems?

Online Safety Act: Ofcom consults on draft codes to protect children online

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What must businesses do to ensure online safety for children under the latest codes of practice published by Ofcom?

UK’s Digital Regulation Co-operation Forum announces new AI and Digital Hub Pilot

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What is the AI and Digital Hub and how can AI innovators use it?

EU designates Apple a gatekeeper for iPadOS but not for iMessage

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Can a business avoid being designated a “gatekeeper” under the Digital Markets Act (DMA) even if it satisfies the quantitative criteria under the DMA?

New EU guidelines on mitigating risks for electoral

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What are the European Commission’s new guidelines and how do they protect the integrity of electoral processes?

Snapshots Summer 2024

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

ASA & CAP publish Annual Report for 2023

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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?

ASA publishes research on green claims in food & beverage industry

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What did the ASA find in its research into green claims being made about meat, dairy and plant-based alternative food and drink products?

ASA revises ruling on sexual objectification in FKA Twigs Calvin Klein ad

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

When does an overtly sexual ad not cross the line into sexual objectification?

EU cracks down on greenwashing in aviation

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What does the EU’s targeting of 20 airlines say about it’s increasingly low tolerance for misleading green claims?

New Ofcom guidance on subtitling, audio description and signing tools for broadcasters

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What areas do broadcasters need to focus on to meet Ofcom’s new requirements around the quality of access services?

FCA guidance on financial promotions in social media

Published on 01 Aug 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

What requirements must those making financial promotions on social media follow under the FCA’s new guidance?

Contractual interpretation of force majeure clause containing “reasonable endeavours” obligation

Published on 31 Jul 2024.

RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18

Limitation and exclusion of liability – financial caps and loss of profit

Published on 31 Jul 2024.

Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185

Effective incorporation of terms in consumer contracts – sufficiently signposting online terms using click wrap processes

Published on 31 Jul 2024.

Parker-Grennan v Camelot UK Lotteries Limited [2024] EWCA Civ 185

Notice of claim clauses – interpreting broad and general terms such as “the nature of the claim” and “in reasonable detail”

Published on 31 Jul 2024.

Privity of contract – non-signatory and not defined “Party” has rights as a “party” to the agreement

Published on 17 Apr 2024.

Canon Medical Systems Limited v The Imaging Centre Assets Limited & Ors [2023] EWHC 3007 (Comm)

ASA rules against airlines for misleading green claims in paid-for ads

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

Will it ever be possible for airlines to advertise themselves as being environmentally friendly?

CAP and BCAP consultation on restrictions on ads for “less healthy” foods

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How is the ASA going to police new rules on advertising “less healthy” food and drinks (Less Healthy Products)?

Applying limitation of liability clause to primary obligation to pay for goods

Published on 17 Apr 2024.

Costcutter Supermarkets Group Limited v Vaish [2024] EWHC 152 (KB)

Snapshots Spring 2024

Published on 17 Apr 2024. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

ASA publishes final report on Intermediary and Platform Principles Pilot

Published on 13 Dec 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

How have the main digital platforms responded to the ASA’s year long Intermediary and Platform Principles Pilot initiative (the IPP)?

Snapshots Winter 2023

Published on 12 Dec 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

The ASA’s “Active Ad Monitoring” AI tool: nowhere to hide for green claims

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

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?

New advertising laws to tackle illegal ads and protect children online

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

What measures are the Government planning to implement to protect consumers, specifically children, from illegal adverts online?

ASA updates guidance on misleading environmental claims

Published on 25 Oct 2023. By Oliver Bray, Senior Partner

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?

Snapshots Autumn 2023

Published on 25 Oct 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

Snapshots Summer 2023

Published on 07 Jul 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

ASA guidance on “Carbon Neutral” and “Net Zero” as part of a greenwashing crackdown

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What does CAP’s updated advertising guidance mean for businesses who wish to use green claims in marketing materials?

ASA slams KSI and JD Sports for omitting #ad in online post

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What if a social media post is clearly a piece of marketing? Do you still need to prominently label it with #ad?

OFCOM consultation on advertising “less healthy” food and drink products

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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?

ASA upholds ban on BetVictor ad featuring football stars with “strong appeal” to under 18s

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are the rules on including sports stars with strong appeal to under 18-year-olds in gaming and lottery ads?

Avoiding a subscription trap: CAP issues enforcement notice on online ads for subscription services

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

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)?

CMA and CAP issue stronger joint guidance on influencer marketing

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What can we learn from the new edition of the joint CAP and CMA “Influencers guide to making clear that ads are ads”?

CMA open letter to businesses on urgency and price reduction claims

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What are urgency and price reduction claims and when will they breach consumer protection laws?

Lufthansa ad campaign to protect the environment fails to fly with the ASA

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

Can an airline claim to be protecting the environment?

Social media influencer criticised by ASA for not clearly identifying a TikTok video as a marketing communication

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What should social media influencers include in their TikTok content to ensure they are obviously identifiable as marketing communications?

New legislation proposed to bring FCA regulation to cryptoasset promotions

Published on 07 Jul 2023. By Oliver Bray, Senior Partner

What will the Government’s new legislation mean for the promotion of cryptoassets?

ASA ends Etihad Airways’ “sustainable aviation” campaign

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

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)?

ASA rules against use of filters to promote beauty products

Published on 06 Jul 2023. By Oliver Bray, Senior Partner

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?

Snapshots Spring 2023

Published on 31 Mar 2023. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Partner, Head of IP & Tech

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

CMA issues guidance on influencer marketing, including #ad for gifts (!)

Published on 23 Dec 2022. By Oliver Bray, Senior Partner

What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?

HSBC finds itself in hot water over climate change claims

Published on 22 Dec 2022. By Oliver Bray, Senior Partner

What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?

UK Government sets out proposals for regulation of AI

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?

Ofcom prepares for implementation of Online Safety Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?

European Parliament adopts the Digital Markets Act and the Digital Services Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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?

UK announces new copyright exemption for text and data mining to promote AI development

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?