Insights & News

ICO ‘dispenses’ its first GDPR fine

29 January 2020

You’d be forgiven for missing it: while the rest of us were busily hanging tinsel and counting down the days to Christmas on our advent calendars, the ICO handed down its first GDPR fine – in the sum of £275,000 – to Doorstep Dispensaree (DD), a provider of pharmacy services to care homes. The decision is of note not just because it’s the first fine issued by Ms Denham, but also because of the other powers she exercised along the way (i.e. Information and Enforcement Notices, in addition to Monetary Penalty). Heralding another first, DD’s appeal against the Information Notice was the first to reach a final determination in the First-Tier Tribunal under the new regime.

2020 Tech Predictions

08 January 2020

Well, it’s that time of the year where we use our 20/20 vision to see what exciting technology changes lie ahead in the next year and beyond. As it’s 2020, we couldn’t resist the urge to treat you to 20 of our best tech predictions, which build on the themes from our Tech Predictions for 2019.

How damages are measured can make a stark difference in claims for breach of a tripartite collateral warranty

06 December 2019

The High Court has given one defendant a stark lesson in how the measure of damages can make a significant – and costly – difference to the value of a successful claimant’s remedy.

When retail supply chains go wrong: Bryony Long and Lauren Shrubb write for Essential Retail

Press

03 December 2019

Bryony Long and Lauren Shrubb have written an article for Essential Retail discussing the widespread non-compliance of companies regarding the production of modern slavery statements.

Consumer Law Update: Who’s on the regulatory radar for 2019/20?

24 September 2019

The Government and the CMA are intensifying efforts to strengthen consumer protection in the UK with a strategic focus on ambitious enforcement of existing laws and empowering consumers through accessibility to their data.

Law Commission confirms legality of electronic signatures

19 September 2019

Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”

Misrepresentation: the truth, the half-truth and anything but the truth

19 September 2019

When negotiating a deal, counterparties often exchange pre-contract statements and promises. Sometimes those statements and promises turn out to be wrong. Exaggerations, mistaken beliefs, misleading opinions as well as statements made recklessly might result in an aggrieved counterparty seeking redress.

More than just a stadium…

18 September 2019

However it’s done, whether being rebuilt from scratch (Tottenham Hotspur, Chelsea, Arsenal), expanded (Liverpool) or converted from other uses (West Ham, Manchester City), one thing for certain is that football stadiums are big business. In this article, we explore some of the current projects and highlight some of the hot topics surrounding these cathedrals of the national game.

ICO: Update Report into Ad Tech and RTB

17 September 2019

On 20 June 2019 the UK’s data protection regulator issued a progress report setting out her initial concerns about the use of personal data in the ad tech sector – which she describes as “immature in its understanding of data protection requirements” – in particular when it comes to real time bidding (RTB).

ICO: Updated guidance on the use of cookies and similar technologies

17 September 2019

On 3 July 2019 the UK Information Commissioner’s Office (ICO) issued updated guidance on the use of cookies (and similar technologies), in which it has set out its interpretation of the impact of the General Data Protection Regulation (GDPR) on the cookie rules contained in the Privacy and Electronic Communications Regulations (PECR).

Jo Farmer comments for Digiday UK: ‘A lot of the time its intuition’: Marketers continue to struggle with attribution in influencer campaigns

Press

10 July 2019

In an article for Digiday UK, Jo Farmer comments on the challenge that marketers face when tracking influencers business value.

Contract interpretation: a helpful recap by the Court of Appeal

03 July 2019

At the end of March 2019, the Court of Appeal handed down a decision which provided a helpful reminder of the modern approach to interpreting contracts.

The inexorable rise of video advertising

02 July 2019

London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.

Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate

04 June 2019

In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.

Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle

21 May 2019

The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.

Contract law update: Recent developments and practical tips

03 May 2019

On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.

Government’s “porn block” roll out delayed

01 April 2019

Two weeks ago we commented on the anticipated introduction of age verification controls on porn sites which were due to come into force today. It is now understood that the implementation of these controls has been delayed, with some media outlets reporting that an official announcement is expected this week.

Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?

25 March 2019

Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.

Social media platforms under increasing pressure to protect users from harm

21 March 2019

For many of us, using social media has become an integral part of life. However we are increasingly aware of the impact of social media on mental health and the harm that can be caused from exposure to certain content which is easily accessible online, as well as the harm that can be caused from misuse of personal data and data breaches. Access to content promoting terrorism and the increasing prevalence of ‘fake news’ and hate speech have all made headlines recently.