Carlton Daniel

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Back in May this year, the Committee of Advertising Practice (CAP), which authors the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), launched a consultation (the Consultation) on changes that may be required to the CAP Code on the issue of administration of prize promotions. This followed the introduction of the General Data Protection Regulation (GDPR). The Consultation was completed on 19 June 2018. Following the Consultation, CAP has agreed…
The Competition and Markets Authority (CMA) in the UK is launching an investigation into concerns that social media stars and influencers may not be declaring payments or rewards when they endorse goods or services online. UK Consumer law Consumer law, under the Consumer Protection from Unfair Trading Regulations 2008, requires that if a blogger is paid to promote a product or service, they must make clear to their audience that it is in fact a…
What is a comparative advertisement? The EU Misleading and Comparative Advertising Directive 2006 (the “Directive”) defines a comparative advertisement as an ad that explicitly or by implication identifies a competitor or goods or services offered by a competitor. It seems like an intuitive concept, but there are a whole host of legal requirements, which advertisers should bear in mind when considering a comparative advertising campaign.…
Retailers should continue to monitor the Committee of Advertising Practice Code (CAP Code) governing the advertising of High in Fat, Salt and Sugar (HFSS) products to children. Last year, CAP introduced rules banning the advertising of HFSS products in children’s media and media where children comprise at least 25% of the audience. This includes placing ads within 100m of a primary school, for example. CAP intends to restrict the advertising of products that “most contribute…
The practise of employers using their employees’ images and names within marketing materials (from graduate recruitment materials and internal-only promotions, to nationally distributed campaigns) has become a riskier strategy in light of the consent requirements under the General Data Protection Regulation (GDPR), which recently came fully into force across the EU.  Even where employers have obtained an employee’s consent to process personal data for the purposes of these types of campaign, the inclusion – in…
The Court of Appeal has allowed an appeal from the judgment of a High Court case, which concerned the question of whether a licence to use electronically supplied software amounts to the “sale of goods” under the Commercial Agents (Council Directive) Regulations 1993 (“Regulations”).  This question is important, given the significant protections and post-termination payouts afforded to agents who qualify under the Regulations. In a judgment with which the other Lord Justices agreed, Lady Justice…
Squire Patton Boggs has secured victory for its client in the Court of Appeal in one of the first cases to apply the Supreme Court’s seminal ruling in Wood v Capita on the approach to contractual interpretation. What happened in this case? Squire Patton Boggs acted for Process Components Limited (PCL). KPTL was a company operating in the field of powder processing and handling. Its business consisted of four areas known as ‘Unit Machines’, ‘Systems’,…
Can a consumer successfully challenge an ‘excessive’ cancellation fee under the Consumer Rights Act 2015? The High Court recently answered this question in Casehub Limited v Wolf Cola Limited. In this case, the defendant (W) sold cloud storage solutions to consumers on its standard terms and conditions. It charged customers a £20 per month subscription fee for a minimum fixed term of 12 months. If the customer terminated the agreement within the minimum term,…
The ICO has updated its guidance “Preparing for the General Data Protection Regulation (GDPR), 12 steps to take now” and recommends that businesses “Refresh existing consents now if they don’t meet the GDPR standard”. Why is this necessary? In March 2017 the ICO issued draft “GDPR consent guidance”.  This was a consultation version to gather the views of stakeholders and the public. The draft guidance states “if existing DPA consents don’t meet the…
The UK Court of Appeal was recently asked to consider the vexed question of exactly when a commercial agreement will be frustrated. A contract will be frustrated when an event occurs after the contract has been made which so fundamentally affects the essence of the contract that it makes it impossible for one or both parties to fulfil their contractual obligations. The contract is automatically discharged by the frustrating event and the parties are relieved…