The Court of Appeal has held that computer software supplied electronically and not on any tangible medium did not amount to “goods” for the purposes of the Commercial Agents (Council Directive) Regulations 1993. Read more

In a decision that will concern all employers, the High Court has held that Morrisons supermarket was liable for the deliberate data breach by one of its employees, even though he intended to cause harm to his employer. Read more

The UK has announced plans to introduce a three tier data protection fee, which will replace the current two tier system of registration for data controllers. The new fee structure is set out in the Data Protection (Charges and Information) Regulations which are currently before Parliament and will come into force on 25 May 2018. Read more

The Article 29 Working Party (WP29) (a European advisory body on data protection and privacy) adopted guidelines for supervisory authorities on setting fines under the General Data Protection Regulations (GDPR). Read more

WP29 has proposed guidelines on the data breach rules, including on how to approach the risk assessment and determine whether a breach needs to be reported, and when and how breaches should be notified and documented. Read more

WP29 has published draft guidelines on transparency under the GDPR. Read more

The European Commission has published a notice to stakeholders stating that the United Kingdom will be recognised as a “third country” in the field of data protection after its withdrawal from the EU, subject to any transitional arrangement. Read more

Draft guidance on children and the GDPR has been published by the ICO and covers issues including consent and online activity, verification of age and privacy notices. Read more

The Advertising Standards Agency (ASA) has ruled that two vlogs posted on the YouTube channel Global Cycling Network were advertorials, rather than merely sponsored content. Read more

The ASA has held a number of businesses liable for non-compliant advertisements published by their affiliate marketers. The cases serve as a clear reminder to businesses of the risks of incurring liability and negative publicity if they fail to take care when selecting and using affiliate marketers. Read more

The Committee of Advertising Practice (CAP) Executive has published guidance on travel marketing availability and pricing in response to a number of complaints from consumers. Read more

The Court of Justice of the European Union (CJEU), in its judgement on the Coty Germany GmbH case, ruled that suppliers of luxury goods may be able to prohibit the sale of their premium-branded products on third-party online platforms such as eBay and Amazon. Read more

The Competition and Markets Authority (CMA) has given some indications of how it sees its role in enforcing competition law following the UK’s withdrawal from the EU.  Key priorities include adjusting for a greater role in enforcement and merger control and international engagement and cooperation. Read more

The CMA currently has a large number of ongoing investigations in the “healthcare and medical equipment” and “pharmaceuticals” sectors. We look briefly at some of these cases which are ongoing. Read more

Starbucks has now won a long fought for General Court ruling declaring that the logo of a Belgian coffee house named ‘Coffee Rocks’  is similar to the Starbucks mark. Read more

The Department for Media Culture and Sport has published the Digital Charter with the aim of ensuring the UK is both the safest place to be online and the best place to start and grow a digital business. Read more