Snapshots Spring 2020

A roundup of key legal developments for the modern commercial lawyer.

In this edition we have;

Commercial cases

• Restrictive covenants and the tort of inducing a breach of contract (Allen v Dodd)
• 'Relational contracts', good faith and contractual discretion (Morley v RBS)
• Covenants to pay vs indemnities (AXA v Genworth)
• Legal advice privilege and why communications need to be created/sent for the dominant purpose of obtaining legal advice (Civil Aviation Authority v Jet2)
• The Law Commission's report on (and support for) the electronic execution of documents

• Copyright and artistic craftsmanship, and why UK copyright law is inconsistent with EU law (Response Clothing v Edinburgh Woollen Mill)
• Trade marks, specifications and bad faith (Sky v Skykick)

• The ICO's consultation on the new Direct Marketing Code of Practice and why all activities which lead up to, enable or support the sending of direct marketing will be caught by the New Code
• Adtech and the GDPR - where's it all going?
• ICO fines for DSG Retail and Cathay Pacific and how revisiting your IT security could save you millions
• Schrems II and why the EU Standard Contractual Clauses are safe for now (at least in the Advocate General's opinion).  **News alert: CJEU judgment to be handed down on 16 July 2020**.
• The European Data Protection Board's guidance on data protection by design and default (DPbDD) and the importance of building DPbDD into your contracts with third party techn providers
• The CJEU's decision on a CCTV case provides a rare insight into what constitutes 'legitimate interest processing'

• The Government's response to the Online Harms White Paper
• The European Commission's proposal for a new Digital Services Act

• The new EU Consumer Co-operation Regulation comes into force, introducing GDPR-level fines for EU cross-border wrongful trading

• New CAP advice note on Online Affiliate Marketing. 
• New CAP/CMA guidance on labelling influencer ads and why your marketing team should keep a watchful eye on your influencers
• ASA ruling on idesigngold and why #ad is required, however obvious the branding
• ASA ruling on Southern Comfort and why youthful appearances can breach the 25 year old plus alcohol rule

• ASA ruling on PC Specialist and why you can't uniquely associate a particular role or job with one gender
• ASA ruling on PeoplePerHour and why phrases like "that girl boss thing" will land you in hot water