Do you use direct marketing?

talking about personal data

This article is a brief guide to the rules on unsolicited electronic direct marketing communications such as text, automated calls, live calls, fax, and emails. These rules apply to corporate bodies and individuals under the Privacy and Electronic Communications Regulations (PECR) 2003 and the main features of the General Data Protection Regulations (GDPR) and the […]

A brief note about e-commerce financial services after Brexit.

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The United Kingdom (UK) is in the transition/implementation period which currently ends on the 31 December 2020. During this period, the UK is mostly treated as if it were still a European Union (EU) Member State. During the transition period trade negotiations are taking place, but what happens to e-commerce and financial services if the […]

What are the banned commercial practices?

two goldfish - one has more stuff inside the bowl than the other

Schedule 1 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT) contains a list of 31 prohibited practices. These practices are (in all circumstances) unfair and therefore banned outright. The 31 practices are as followed: Code of conduct signatory claims. This is claiming to be a signatory to a code of conduct when the […]

What are unfair commercial practices?

picture of writing that says 'be fair'

The Consumer Protection from Unfair Trading Regulations 2008 (CPUT) regulates what commercial practices by a trader towards a consumer should be considered as unfair. New civil redress for consumer provisions were introduced into the CPUT in 2014, along with updating certain defined terms to synchronise with other consumer protection law by the Consumer Protection (Amendment) […]

What is copyright infringement?

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The Copyright Designs and Patents Act 1988 details two types of copyright infringement. They are primary infringement and secondary infringement. Primary infringements are ‘strict liability’ torts, which means no knowledge or intention is needed to be shown by the defendant to establish liability. For secondary infringements, the defendant needs to have had certain knowledge, or […]

Why you must protect your client’s data!

image to represent data protection

This week (18/08/20) it has been reported that British-American cruise operator, Carnival has been the victim of a ransomware attack, which has likely resulted in a major data breach. The attack was discovered on 15 August 2020 and promptly reported.  The ransomware attack accessed and encrypted a part of one of its brand’s IT systems. […]

Are there rules on advertisements?

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It is vital that your advertisements comply with the law. Advertising is regulated by a mixture of legislation and self-regulation. You could suffer negative consequences if you get your advertising wrong. This could include: Bad publicity which damages your reputation and brand. Censure (severe disapproval) from regulatory bodies such as the Advertising Standards Authority (ASA), […]

The emerging market of digital advertisements.

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The first thing to note is that in general digital advertising is subject to the same controls applicable to offline advertising. It is also no surprise that the use of online advertisements has increased over the years. The House of Lords’ 2018 report titled, ‘UK advertising in a digital age’ stated that digital advertising amounted […]

Your obligations if you are a digital advertiser!

Online advertisers must provide certain information about themselves on their website. The adverts themselves must include certain information about the advertiser and their products. These obligations apply to information society service providers and they originate from the E-Commerce Regulations which applied the E-Commerce Directive (2000/31/EC). The Directive states that ‘information society services’ include offering ‘commercial […]

What intellectual property do you have?

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A website is the foundation of a business’s online presence and website owners invest substantial amounts of resources and time into the creation and development of its websites. The internet has enabled businesses to increase the reach of their marketing and sales effort. However, this has also increased the possibility for competitors to copy parts […]