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A service email? ‘On your bike!’ says the ICO
23 September 2022The ICO has fined Halfords £30,000 for sending unsolicited marketing emails about a bike repair scheme without consent, contrary to UK e-privacy law. It is the latest fine where the key issue in dispute is the distinction between a ‘genuine’ service message, and one which the ICO considers constitutes direct marketing.
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Digital Services Act (DSA) gets the green light – is your business ready for this ambitious new framework?
20 October 2022Against the backdrop of the explosion of digital services over the past few decades, an outdated legal framework for digital services dating back to 2000, an increasingly polluted information ecosystem and complex societal shifts which are making people more susceptible to misinformation and conspiracy, on 4 October 2022, the European Council approved the European Commission’s (EC) proposals on the DSA.
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Investing in your employees’ mental health
18 May 2023As workplaces across the country mark Mental Health Awareness Week, employers are reminded why safeguarding employees’ mental health and wellbeing should be a business priority. What steps can employers take to address this critical issue proactively?
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Corporate mistakes your business may have made... and what you should do about them
08 June 2023Corporate requirements can be fiddly and, sometimes, unintuitive. It is easy for businesses to trip up on corporate issues. In this series we look at 10 of the most common corporate mistakes companies make, and, more importantly, what they should do about them.
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With significant changes on the horizon for Consumer Law, ensuring you are prepared will be key to future-proofing your business
09 October 2023Our Consumer Law Tracker (below) maps out the key developments currently and over the next few years, including the Digital Markets Competition & Consumers Bill, CMA / ICO Online Choice Architecture Investigations, the EU Directive on Green Claims among others.
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Hosting providers/Online platforms: are you ready to comply with your DSA Content Moderation obligations by 17 February 2024?
20 October 2023The European Commission managed Digital Services Act (DSA) Transparency Database (TDB) finally went live for very large online platforms and search engines (those which have an average of 45 million active monthly users in the EU) (VLOPs/VLOSEs) on 26 September 2023, following a month long delay due to controversy over its information requirements.
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5 Tips to Help De-Risk Your AI Service Contracts
06 November 2023The pace of recent technological advances is forcing tech giants and other software providers (from Zoom to OpenAI) to regularly update their terms of service. This underscores the importance of ensuring that existing contractual frameworks remain fit for purpose in the age of artificial intelligence. If you are procuring AI services, we have compiled a list of five things that you can do right now to help de-risk your contracts with suppliers of AI solutions.
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Software apps and patent trolls: Should you be afraid?
01 February 2012For a very long time there has been a debate as to whether software is better protected by copyright or by patents.
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TRADER ALERT: Consumer Law Changes - Are You Ready for 13 June 2014...?
19 May 2014If you trade with consumers, you should read on! The (somewhat indelicately named) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations come into force on 13 June 2014. They implement part of the Consumer Rights Directive and contain important changes.
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You’re cabbing a laugh (Brands & IP Newsnotes - issue 1)
27 September 2015The High Court has refused an application by the manufacturer of the iconic London black cab (“LTC”) for permission to adduce survey evidence in a claim for passing off.
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Are you ready for TfL’s new ban on advertising?
01 July 2016It is unusual for a politician to fulfil an election pledge within the first 60 days of taking office. In fact, some politicians even refuse to take up office simply to avoid fulfilling an election pledge.
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Confirmation Statements - what you need to know in a nutshell
22 July 2016From 30 June 2016, the Annual Return (or Companies House Form AR01) has been replaced by the Confirmation Statement (or Companies House Form CS01).
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Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.
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Legal advice privilege: Not as wide as you think?
08 February 2017Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.
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Christmas counterfeits – How did you fare? (Brands & IP Newsnotes - issue 4)
08 February 2017At the end of 2016 the OECD/EUIPO released research suggesting that the total trade in counterfeit and pirated products in the EU amounted to as much as 85 billion Euros in 2013. Luxury goods are top of the list and firmly in the sights of counterfeiters for Christmas. So what was done to tackle the problem for Christmas 2016?
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You will NOT believe what the Chancellor did next!
09 March 2017Except of course, you probably will believe it. It’s a Budget, not an M Night Shyamalan film. And even by the standards of Budgets, it’s rare for a Chancellor to do as much as Philip Hammond has to set expectations for surprise and drama this low. In fact, some were surprised about some of the things the Chancellor didn’t do on, for example, self-employment. But we’re getting ahead of ourselves.
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Will you pass the red face test? - Naming and shaming of late payers has now arrived
09 May 2017From 6 April this year, all large UK companies (and limited liability partnerships) are now subject to a new regime which requires them to publish, on a Government website, detailed reports on their supplier payment policies and practices. The Regulations are designed to create public transparency of large businesses’ payment policies and practices, primarily for the benefit of small and medium-sized suppliers.
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Seller/Landlord beware! You need to take care with replies to preliminary enquiries
07 July 2017As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .
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Yahoo! We’re watching you… Monitoring employee communications
06 September 2017Monitoring an employee’s personal correspondence at work was a breach of human rights, according to a new ruling by the Grand Chamber of the European Court of Human Rights (“ECtHR”). This reverses the ECtHR’s previous judgment in the same case in January 2016.
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You’ve started – so you’ll finish
11 June 2018Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.