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The Supreme Court hands down judgment in Lloyd v Google

Published on 10 Nov 2021. By David Cran, Partner, Head of IP & Tech

In a keenly anticipated judgment that has significant ramifications for UK data protection, the Supreme Court has today overturned the Court of Appeal's decision in Lloyd v Google and restored the original order made by the High Court, refusing the claimant's application for permission to serve proceedings on Google outside the jurisdiction.

Case comment: striking out of privacy and confidence actions in the Dixons data breach case

Published on 10 Aug 2021.

The number of claims issued in the High Court (Media and Communications List) with a data protection element continues to increase. The rise in claim numbers can be attributed to a number of factors including: (i) individuals becoming more aware of their rights under data protection legislation, (ii) uncertainty as to whether individuals may recover damages for a loss of control of their personal data without proving material damage or distress; (iii) the abundance of specialist law firms who are prepared to act for individuals on a "no-win-no-fee" basis and (iv) the availability of After the Event ("ATE") insurance to protect a would-be claimant against adverse costs orders.

Upcoming changes to data protection legislation in Asia

Published on 22 Dec 2020. By Jonathan Crompton, Partner

The data privacy landscape in Asia is varied, complex and evolving. We are already seeing the wheels of change in motion as the data privacy laws of several Asian jurisdictions are being updated to reflect more closely the European data protection regime. This article summarises some of those changes.

Schrems II – Groundhog Day for Data Transfers

Published on 17 Jul 2020.

On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 Jul 2020. By Jon Bartley, Partner

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

Cybersecurity and COVID-19: Opportunities for change in the face of challenge

Published on 27 Mar 2020.

COVID-19 is not the first and will not be the last pandemic, but it is the first one that has brought the importance of cyber resilience and adaptability in the era of global trade to the forefront of many businesses' minds.

Are you compliant with the new rules in Singapore? Asia? Beyond?

Published on 27 Feb 2020.

With the implementation of the GDPR in Europe (2018) and the rise of serious cyber-attacks in Asia, many APAC countries are making major changes to their data privacy laws. Navigating the various regulatory regimes can be complex particularly for companies doing business across the region and beyond.

No Deal Brexit – implications for data and privacy law compliance

Published on 17 Oct 2019. By Jon Bartley, Partner and Richard Breavington, Partner

The Brexit rollercoaster ride continues. At the time of writing, the UK and EU have just announced the agreement of a new withdrawal deal but there are serious doubts about whether it will be backed by Parliament. Despite the requirements of the Benn Act, the risk of the UK leaving the EU without a deal continues to be a concern.

Brexit does not spell the end of the GDPR

Published on 08 Feb 2017.

The General Data Protection Regulation (the GDPR) is due to become law on 25 May 2018. As this will be before “Brexit” (Britain’s exit from the EU) takes effect, the GDPR will apply in the UK from that date.

Apps: regulators globally push for data transparency

Published on 16 Feb 2015.

“Not in front of the telly: Warning over ‘listening’ TV”.

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In a world where data transcends borders, cyber-attacks are common and privacy regulation struggles to keep pace with innovation, expert legal counsel is business critical.

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With data breaches on the rise - many of them avoidable – our multifaceted team of data breach lawyers are ready to spring into action the moment you face a data security incident. 

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With strict regulations like the EU General Data Protection Regulation (GDPR) in place, robust data protection has never been more crucial. Protect your interests, tap into our deep-rooted data compliance expertise.

Kick-ed out – UKIPO applies Supreme Court SkyKick decision in ENERJO opposition

Published on 17 Jun 2025. By Sarah Mountain, Partner and Samuel Coppard, Senior Associate

In the case of ENERJO (O/0439/24), the UK Intellectual Property Office (UKIPO) upheld an opposition against an application filed by Cashflow – the specification for which ran to a whopping 81 A4 pages! It found that "the sheer size and disparate nature" of the goods and services applied for amounted to bad faith, citing the Supreme Court’s decision in SkyKick, the weapon of choice for those wanting to challenge overly broad specifications. A detailed analysis of the decision follows.

Cheers Thatchers!–Lemon-Aid for Brand Owners as Court of Appeal Decision Suggests Greater Protection for Brand Owners from “Lookalike” Packaging

Published on 13 Jun 2025. By Ciara Cullen, Partner, Retail & Consumer Sector Lead and Joshy Thomas, Knowledge Lawyer and Harpreet Kaur, Associate

Cheers Thatchers!–Lemon-Aid for Brand Owners as Court of Appeal Decision Suggests Greater Protection for Brand Owners from “Lookalike” Packaging

Sports Ticker #129 - Commonwealth Games lives on, DAZN's star-studded ad and cheese rolling galore - a speed read of commercial updates from the sports world

Published on 10 Jun 2025. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw Arsenal win the UEFA Women's Champions League, Northampton Saints fall eight points short of European glory against Bordeaux Bègles and the town of Abingdon host the 42nd World Poohsticks Championships, we bring you news on the Government’s search for a Head of Video Games and Esports, an update on the future of the Commonwealth Games and a look at Gloucestershire’s annual cheese rolling race, whose women’s race winner cemented her victory with the words, “I don’t like cheese”.

Generative Artificial Intelligence Risks for Litigation Lawyers

Published on 09 Jun 2025. By Nick Bird, Partner and Cheryl Laird, Senior Associate

In R (on the application of Frederick Ayinde) v The London Borough of Haringey AC-2024-LON-003062 the President of the King's Bench Division (Dame Victoria Sharpe) and Mr Justice Johnson gave judgment in two referrals that had been made under the Hamid jurisdiction. That jurisdiction is the court's inherent jurisdiction to regulate its own procedures and enforce the obligations that lawyers owe to it.

Sports Ticker #128: Goodison's new tenants, Fnatic's Happy Deal and Barclays' latest sponsorships - a speed read of commercial updates from the sports world

Published on 23 May 2025. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw Andy Murray part ways with Novak Djokovic and Jamie Vardy reach 200 goals for Leicester City in his 500th and final game for the club (as well as Leicester being charged with an alleged breach of the Championship’s profit and sustainability rules for the 2023/24 season), we bring you news of Fnatic’s Happy Deal with McDonald’s, an insight into Barclays’ sponsorship deals with the O2 Arena and Co-Op Live, and the news at Everton’s Goodison Park.

Court of Appeal decision allows litigation funders to be paid first in collective proceedings

Published on 13 May 2025. By Zoe Mernick-Levene, Partner

Variation of contract by email valid without expressly referring to exercise of contractual right

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine the formality requirements for a valid contract variation?

Court of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?

Contract formation: use of emoji showed objective intention to enter into contract

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?

Supreme Court determines that the parties’ common intention decides whether a contract is varied or replaced

Published on 10 May 2025. By Caroline Tuck, Partner and Eleanor Harley , Partner

How will a court determine whether a contract has been varied or replaced?

Sports Ticker #127: Becks buys Salford, Sadiq seeks Olympic repeat and Hamilton signs autograph deal - a speed read of commercial updates from the sports world

Published on 09 May 2025. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Ellie Chakarto, Senior Associate and Joseph Akwaboa, Associate and Simon Williams, Associate

In a fortnight which saw 150,000 Leeds United fans turn out to celebrate the club's promotion to the English Premier League, hundreds of daring racers take part in Essex’s annual Maldon Mud Run and the London Marathon steal New York’s crown for record number of finishers, we bring you news of Sadiq Khan’s Olympic aspirations, an insight into Lewis Hamilton’s exclusive autograph and memorabilia agreement and a peak at Channel 5’s broadcasting deal for the Men’s 2025 FIFA Club World Cup.

The EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?

EU Guidance on the AI Act

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?

The Online Safety Act: Illegal Harms Codes officially in force, focus now on children

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?

The UK Government’s consultation on Copyright and AI

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?

UK’s new AI Cyber Security Code of Practice

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?

UK’s “AI Opportunities Action Plan”

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead and David Cran, Partner, Head of IP & Tech

How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?

Green claims update

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.

ASA gets tougher on brand advertising for “less healthy” food and drink products

Published on 09 May 2025. By Oliver Bray, Senior Partner, Technology, Media & Telecoms Sector Lead

What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?