Snapshots Summer 2020

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

In this edition we have;

Commercial cases

• Contractual interpretation; rectification of a contract (Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd)
• Contractual interpretation; limitation period for notifying claims (Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors)
• Contractual estoppel and contractual representation (Wallis Trading Inc v Air Tanzania Co Ltd)
• Implication of a Braganza duty using contractual discretion (UK Acorn Finance Ltd v Markel (UK) Ltd)
• Force majeure and when circumstances are beyond reasonable control (2 Entertain Video Ltd v Sony DADC Europe Ltd)

• Luxury and online marketplaces – the next chapter (Coty v Amazon)

• The EDPB's updated guidance on cookie walls and scrolling
• The DCMS Explanatory Framework for adequacy decisions and how it affect continuing the free flow of personal data between the EU and the UK post-Brexit
• The ICO has formally invited organisations to submit their sector specific GDPR Codes of Conduct, and organisations can apply to deliver GDPR Certification schemes 
• The Court of Appeal rules on legal professional privilege and "relevant filing system" in subject access dispute (Ashley Judith Dawson-Damer v Taylor Wessing LLP)
• The Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employees (WM Morrison Supermarkets plc v Various Claimants)
• The Government publishes its approach to a post-Brexit trade deal with the EU
• The ICO issues guidance on artificial intelligence
• The ICO outlines priorities and regulatory approach during the coronavirus public health emergency 
• The ICO issues guidance on COVID-19 testing and monitoring in the workplace
• The European Commission and EDPB lay out frameworks for privacy compliant contact tracing apps 
• Oral communications did not constitute 'data' for the purposes of the DPA 1998 (David Scott v LGBT Foundation Ltd)

• The CMA has launched investigations into fake reviews 

• Consumer rights are enhanced by the Omnibus Directive (part of the "New Deal for Consumers")
• The CMA has acquired new EU-derived powers to seize control of accounts of rogue online sellers

• A summary of the ASA Annual Report 2019

• CAP's new "Quick Guide to Advertising Consumer Surveys"

• The Committee of Advertising Practice releases an update on pricing practices

• ASA ruling on EE – misleading and ambiguous mobile network claims on superiority
• ASA ruling on ASTOK Ltd t/a TVBet and the requirement to substantiate superiority claims

• ASA ruling on Boohoo.com and why you cannot say "Up to x% off everything" or use countdown clocks for time limited offers if that is not the case

• ASA ruling on ASOS and why the use of "affiliate" alone for a marketing communication is not obviously identifiable as an ad

• ASA ruling on Missguided Ltd and why ads cannot focus on explicit nudity, be overly sexualised or objectify women

• CAP warns against promotion of gambling products or services which could lead to financial, social or emotional harm
• CAP issues advice notice on the marketing of gambling on eSports on social media
• ASA ruling against Coral and why you cannot promote socially irresponsible gambling

• The ASA announced that it would take an uncompromising stance on companies seeking to exploit the COVID-19 pandemic for their own gain
• ASA ruling against Revival Shots and why you cannot state or imply your foods can prevent or treat human diseases if they are not authorised on the EU Register of nutrition and health claims