Notification of PECR security breaches – Information Commissioner’s Office
“Privacy and Electronic Communications Regulations – guide”
Information Commissioner’s Office, 26th September 2013
Source: www.ico.org.uk
Category: advertising
CHS Tour Services GmbH v Team4 Travel GmbH – WLR Daily
CHS Tour Services GmbH v Team4 Travel GmbH (Case C-435/11); [2013] WLR (D) 355
“If a commercial practice satisfied all the criteria set out in article 6(1) of Parliament and Council Directive 2005/29/EC (‘the Unfair Commercial Practices Directive’) for being categorised as a misleading practice in relation to the consumer, it was not necessary to determine whether such a practice was also contrary to the requirements of professional diligence as referred to in article 5(2)(a) of the Directive in order for it legitimately to be regarded as unfair and, therefore, prohibited in accordance with article 5(1).”
WLR Daily, 19th September 2013
Source: www.iclr.co.uk
Website’s driving test claims banned by ASA – Daily Telegraph
“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”
Daily Telegraph, 18th September 2013
Source: www.telegraph.co.uk
ASA ruling offers ‘helpful clarification’ on user generated content and CAP Code compliance, says expert – OUT-LAW.com
“Online advertisers do not have to hold evidence to show that user comments can be substantiated and that they comply with UK advertising rules where the comments have not been “adopted and incorporated” into marketing material, the Advertising Standards Authority (ASA) has confirmed.”
OUT-LAW.com, 16th September 2013
Source: www.out-law.com
ASA rejects complaints from unhappy client unable to post negative review on ratings website – Legal Futures
“The Advertising Standards Authority (ASA) has rejected complaints that positive online reviews for a law firm were fake and that the website hosting them would not accept negative reviews.”
Legal Futures, 13th September 2013
Source: www.legalfutures.co.uk
ASA dismisses complaints against Law Society’s anti-insurer advertising campaign – Litigation Futures
“The Advertising Standards Authority (ASA) has dismissed complaints made about the Law Society’s ‘Don’t get mugged by an insurer’ campaign without an investigation.”
Litigation Futures, 28th August 2013
Source: www.litigationfutures.com
Advertising body drops investigation into Marmite ad – Daily Telegraph
“A Marmite advertising campaign attacked by critics for trivialising the work of animal welfare agencies has been cleared by the Advertising Standards Authority.”
Daily Telegraph, 21st August 2013
Source: www.telegraph.co.uk
Gambling operators face losing their licence for failure to abide by new ‘place of consumption’ tax regime – OUT-LAW.com
“Gambling operators could lose their licence to advertise and trade in Great Britain if they fail to comply with a new tax regime where liability for UK tax is based on the location of the customer rather than the gambling operator.”
OUT-LAW.com, 20th August 2013
Source: www.out-law.com
‘Go home’ vans legal threat shelved – BBC News
“A refugee group said it would not take legal action over a scheme that saw vans drive through London calling on illegal immigrants to leave.”
BBC News, 12th August 2013
Source: www.bbc.co.uk
Home Office immigrant van campaign to be probed by ASA – BBC News
“A scheme which saw vans drive through London calling on illegal immigrants to leave is to be investigated by the advertising watchdog.”
BBC News, 9th August 2013
Source: www.bbc.co.uk
Watchdog to act over firms who bombard new mothers with marketing material on NHS maternity wards – The Independent
“Health watchdogs will be given powers to take action against hospitals that allow private companies to roam NHS maternity wards bombarding mothers with marketing material, The Independent on Sunday can reveal.”
The Independent, 4th August 2013
Source: www.independent.co.uk
Campaign targeting illegal immigrants is referred to advertising watchdog – The Guardian
“Controversial government adverts urging illegal immigrants to ‘go home’ have been reported to the Advertising Standards Authority (ASA) by a Labour peer.”
The Guardian, 31st July 2013
Source: www.guardian.co.uk
Will the recast Cosmetics Regulation provide greater protection for consumers in relation to cosmetics and personal care products? – Doughty Street Chambers
“Eloise Power writes about EC Cosmetics Regulation (Regulation EC No 1223/2009) and Commission Regulation (Regulation EU No 655/2013) now in force.”
Doughty Street Chambers, 24th July 2013
Source: www.doughtystreet.co.uk
Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily
“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk
Renault’s YouTube ad banned for ‘portraying women as sexual objects’ – The Guardian
“The advertising watchdog has banned a Renault advert featuring scantily-clad dancers, ruling that it objectified women.”
The Guardian, 17th July 2013
Source: www.guardian.co.uk
A lot of Wonga – Sports Law Bulletin from Blackstone Chambers
“Papiss Cisse’s dispute with Newcastle United Football Club about wearing the official shirt sponsor’s logo raises some important questions for sports lawyers.”
Sports Law Bulletin from Blackstone Chambers, 15th July 2013
Source: www.sportslawbulletin.org
Belgian Electronic Sorting Technology NV v Peelaers and another – WLR Daily
Belgian Electronic Sorting Technology NV v Peelaers and another: (Case C-657/11); [2013] WLR (D) 275
“Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended, meant that the term ‘advertising’ covered the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, was not encompassed by that term.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
UK plans for plain cigarette packaging to be shelved – The Guardian
“Ministers are to announce that they have decided to shelve plans to introduce legislation forcing cigarettes to be sold in plain packaging. In a written statement to MPs, the Department of Health will say that it wants more time to study the impact of a similar law in Australia before deciding to press ahead with standardised cigarette packaging in England.”
The Guardian, 12th July 2013
Source: www.guardian.co.uk
Irn-Bru ‘push-up bra’ ad cleared despite more than 170 complaints – The Guardian
“A TV ad for soft drink Irn-Bru featuring a mother showing off her ‘push-up’ bra to her son’s teenage friends has escaped a ban despite attracting more than 170 complaints.”
The Guardian, 10th July 2013
Source: www.guardian.co.uk
