The phenomenon of ‘fake news’ and spread of misinformation is not a new one, but advancements in technology, in particular ‘deepfakes’, have highlighted the seriousness of the threat in a way that has not happened before. Deepfakes have evolved significantly in recent years and the tell-tale signs (odd hand or mouth movements or odd pronunciation … Continue Reading
The beauty industry faces a constant challenge in relation to the truthfulness of the products it sells. Through the power of social media, beauty brands use influencers to endorse their products, adding a dimension of apparent authenticity to their advertising. In an attempt to regulate such practices, the Advertising Standards Authority (ASA) has focused on … Continue Reading
With online shopping at all-time high, ‘buy now, pay later’ (BNPL) options are becoming increasingly popular. BNPL is an option that enables customers to delay paying for goods or allows them to pay in instalments. The service typically bears interest which consumers have to pay. It differs from hire purchase because with BNPL, the customer … Continue Reading
This blog is a follow-up to our recent blogs on HMRC’s controversial Changes to VAT and Early Termination Payments and VAT on Compensation in Intellectual Property Settlements. As previously noted, the retrospective nature of the changes and the consequential risk of having to unpick historic settlement payments raised a number of issues. This has now … Continue Reading
US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the … Continue Reading
Last week on 8 December 2020, the UK Government Department for Digital, Culture, Media and Sport (“DCMS”) announced its review of British gambling laws. As part of its review of the UK Gambling Act 2005 (the “Act”), the DCMS has initiated a call for evidence, which will stay open until 31 March 2021. This review … Continue Reading
On 2 November 2020, the UK Competition and Markets Authority (CMA) announced that it will be investigating descriptions and labels used to promote products and services claiming to be ‘eco-friendly’ and whether they could mislead consumers. The concern for the CMA is that an increase in demand for sustainability could lead to businesses making misleading, … Continue Reading
This blog is a follow-up to our recent blog on HMRC’s surprising Changes to VAT and Early Termination Payments. As we noted, HMRC’s updated guidance is proving to be highly controversial. What’s happened? Folks are unhappy because the updated guidance treats contract termination payments (including for breach or withdrawal or under liquidated damages clauses) as … Continue Reading
We previously blogged on a New York case that considered these thorny issues. In a new blog published in our Sports Shorts blog, we look again at this issue as very recently adjudicated by an Illinois court. Were these issues to be litigated in the UK, a similar result would likely arise. Namely, a tattoo … Continue Reading
Since 12 July 2020, the Platform to Business Regulation has been directly applicable in the UK and all EU member states. However, with Brexit worries and the COVID-19 crisis having an ongoing impact on business in the digital sector, the new rules have passed many by. Now is the time to ensure compliance. The Regulation … Continue Reading
The UK government has started its review of national gambling legislation, likely to result in the introduction of a new Gambling Act. New measures could include tighter restrictions on gambling sponsorship and advertising, such as gambling operators no longer being allowed to advertise on the shirts of sports teams or any other visible part of … Continue Reading
Following the recent decision of the Court of Justice of the European Union in Meo (C-295/17) and a related case, HM Revenue & Customs (“HMRC”) has updated its guidance on the VAT treatment of contractual compensation payments for early termination of commercial contracts. Such payments, irrespective of whether described as compensation or liquidated damages, will … Continue Reading
With the Brexit transition period ending on December 31st, the UK’s Medicines and Healthcare products Regulatory Agency (MHRA) is issuing guidance for the UK Life Science industry – including guidance on clinical trials, market authorizations, and manufacture and supply, among other areas. The guidance will apply from the start of 2021. Squire Patton Boggs’ Triage … Continue Reading
The UK officially left the European Union on 31 January 2020. We are now in a one-year transition period, during which the UK has basically maintained many pre-Brexit positions. That said, once the transition period expires, we anticipate a number of changes to UK consumer law. That is because much of existing UK consumer law … Continue Reading
The UK’s Advertising Standards Agency recently provided some useful guidance on compliance with its CAP Code that will assist promoters, influencers, agencies and brands as they continue to navigate the various ASA rules during the COVID-19 crisis. Dealing with unexpected events whilst running promotions Section 8 of the CAP Code governs promotions, and includes rules … Continue Reading
Many bodies which are contracting authorities for the purpose of the Public Contracts Regulations 2015 (“PCR 2015”), or equivalent contracting entities under the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016 and/or the Defence and Security Public Contracts Regulations 2011, will have a crucial role in responding to the COVID-19 outbreak. This may include … Continue Reading
On 29 January 2020, brand owners across the EU were reassured in relation to the content of their trade mark specifications following the decision of the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18). The CJEU provided welcome confirmation that trade mark registrations with specifications comprising of broad terms such as … Continue Reading
Is compliance with payment card data security standards being ignored? The recent £500,000 fine, levied by the UK Information Commissioner on DSG, the owner of Currys PC World and Dixons Travel stores, highlights a worrying trend of non-compliance with payment card security standards. Our Security & Privacy Team has prepared a full blog post on … Continue Reading
We recently considered the issue that the Coronavirus outbreak may result in an upsurge of force majeure related claims under commercial contracts. A further risk now coming to light is customers seeking to enforce contractual fines, penalties, “service credits” or “liquidated damages” (collectively referred to for ease of reference as “Penalties” although all slightly different … Continue Reading
Usually found towards the end of a commercial contract, a force majeure provision seeks to exclude the liability of one or more parties for events beyond their reasonable control. Often (and mistakenly) overlooked as “standard boilerplate”, the increasingly apparent and potentially extensive impact of the Coronavirus outbreak on global supply chains is likely to bring … Continue Reading
The ASA has banned four e-cigarette producers, including British American Tobacco (BAT), from promoting their vaping products on Instagram. The e-cigarette producers advertised their vaping products on their own Instagram accounts. The posts featured various celebrities holding and endorsing the products.… Continue Reading
In a landmark decision delivered recently by the UK Supreme Court, Professor Shanks, an inventor, was awarded £2 million in compensation for a device he created. Professor Shanks developed the technology while he was employed by a Unilever company and the invention has proved lucrative for Unilever in many jurisdictions. Background In the early 1980s, … Continue Reading
There are some colours that consumers associate with particular brands. For example, EasyJet is known for its distinctive orange livery, while Cadbury is known for the dark purple colour which it uses on the packaging of some of its chocolate bars and in its advertising. However, it is far from straightforward for brands to register … Continue Reading
It was recently reported that Marks & Spencer is to offer a ‘buy now, pay later’ option on its website for online customers. The company is modernising its services with the introduction of this payment scheme. Marks & Spencer joins the likes of ASOS and H&M in offering buy now, pay later (“BNPL“) services. How … Continue Reading
