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Public goes nutellay crazy for AI design (Brands & IP Newsnotes - issue 5)
23 June 2017Nutella hit the headlines in February this year after using an algorithm to produce millions of unique labels in Italy. The jars flew off the shelves with customers keen to get their hands on a one-of-a kind jar. Each label design was completely unique with only the Nutella logo remaining the same.
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Pro-choice? Pro-life? Pro-order and PSPOs
03 October 2019In this article we consider Public Spaces Protection Orders and a recent Court challenge to the making of such an order.
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Bad leaver provisions enforceable as not penalties
03 August 2018In the recent case of Signia Wealth Limited v Vector Trustees Limited, the court held that the company’s bad leaver provisions (pursuant to which a leaving shareholder was compelled to sell their shares for less than their value) did not fall foul of the penalty doctrine and were therefore enforceable.
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Hong Kong protestors “in breach of data privacy law”
24 July 2019Revealing officials’ personal data in protest against the proposed “Extradition Bill” was a breach of the Personal Data (Privacy) Ordinance.
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The impact of Brexit on Data Protection
14 July 2016At the moment, it is impossible to say with any certainty how data protection legislation in the UK will be affected by Brexit. The General Data Protection Regulation (“GDPR”) is due to come into force in May 2018.
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Don't be caught out by the new data protection fee!
30 October 2018The ICO has recently announced that it is actively taking enforcement action against organisations for failing to pay the new data protection fee. This article intends to provide a quick recap of the fee to help ensure your organisation does not get caught out!
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Happy Data Protection Day!
28 January 2021Today is the 15th Data Protection Day - and for those of you who are interested, it is also the 40th anniversary of Convention 108 which, along with Convention 108+, is credited with influencing and shaping data protection and privacy in Europe.
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ICO Opinion: Data protection and privacy expectations for online advertising proposals
10 December 2021On 25 November 2021 the ICO issued an Opinion [1] on its expectations for online advertising, its latest update to its thematic review [2] of the adtech industry which commenced in 2019. The latest Opinion builds on concerns initially identified by the ICO [3] in 2019 and sets out the privacy standards that the ICO expects adtech vendors to meet when developing new products so that people’s online privacy is safeguarded.
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Olympism - a protected belief?
21 August 2012It has now been a while since the stunning Olympic cauldron was extinguished and TeamGB’s most successful ever games drew to a close. But there are signs the Olympic spirit may have permeated the nation, leaving a lasting impression.
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Are documents generated in the course of an investigation protected by litigation privilege?
01 May 2018Two recent cases concerning the applicability of litigation privilege to documents generated in the course of investigations show that it is easier to obtain that protection where the subject of the investigation is a civil rather than criminal matter.
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‘Gender critical’ beliefs are protected philosophical beliefs
16 June 2021The Employment Appeal Tribunal has ruled that “gender critical” beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in “gender identity” is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs.
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Brexit – the prospective changes in company law for private and overseas companies
05 February 2020This article is to update you on, and explain the expected timing as to, the changes in company law for private and overseas companies to be brought about by the UK’s withdrawal from the EU. In practice, only companies with a connection to the EEA will be impacted and the action points for them will be fairly minimal.
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The English Court Process: A guide for parties from outside the jurisdiction
02 September 2021The English courts are regularly chosen as the forum for the resolution of disputes, even between parties who do not have any other link to the jurisdiction. English judges are used to dealing with cases where one or both parties are not located within the jurisdiction and regularly deal with cases where initial applications concern a dispute over jurisdiction. This guide provides an outline of the civil litigation process in the English courts. It sets out the key points to bear in mind when bringing or defending a claim in England.
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“Once privileged, always privileged”
24 October 2019The Court of Appeal has held that legal advice privilege attaching to communications between a company client and its lawyers survived the dissolution of the company client, even where the Crown had disclaimed its interest in the documents concerned.
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Privilege disapplied: the “iniquity” exception
06 August 2019In an application brought by a hotel portfolio company (in liquidation) for a declaration that it was entitled to disclose a number of documents within its possession, the High Court has considered when the “iniquity” exception will apply to legal professional privilege. So what is the iniquity exception and what does a party need to establish in order to rely on it?
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Brexit – the post Halloween picture as to the minor changes in company law for private and overseas companies
01 November 2019Now that we didn’t leave the EU on 31 October 2019, this article is to update you on, and explain the timing as to, the few changes in company law for private and overseas companies, to be brought about by the UK’s withdrawal from the EU. In practice, only companies with a connection to the EEA will be impacted and the action points for them will be fairly minimal.
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Instaglum: Instagram fined €405m over children's data privacy
07 October 2022Ireland's supervisory authority has levied a record breaking fine of €405 million against the social media platform Instagram, following an investigation into its handling of children's data privacy.
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In Conversation with Anna Josse, Founder and CEO of Prism The Gift Fund
29 November 2022“Philanthropy is inherently personal; there are as many reasons for giving as there are people who give. We’ve found that not only would many people like to give more, but that others would be happy to start if they weren’t intimidated by the complexities of charitable giving.” We spoke to Anna Josse, Founder, CEO of Prism the Gift Fund to get the low down on effective giving vehicles, Donor Advised Funds.
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The FCA New Consumer Duty: Principle 12 is here
19 August 2022The Consumer Duty sets the standard of care that firms should provide to customers in retail financial markets.
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CMA poised to get personal on pricing algorithms!
27 January 2021The CMA has published an eye-opening paper on algorithms, showing how they can, if misused, reduce competition in digital markets and cause harm to consumers.