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Consumer

The European Commission Cookie Pledge the state of play and way forward

The European Commission is working towards introducing a voluntary Cookie Pledge in April this year, with the aim of better empowering consumers to make effective ad choices and alleviating cookie fatigue. The Commission hopes to see adoption by organisations across sectors, with a focus on those in the advertising space. While the Commission has attempted to engage externally through a series of discussions, stakeholders continue to have concerns about the latest draft of the Cookie Pledge. This article sets out our updated analysis on the latest pledging principles for the Cookie Pledge published by the Commission.
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Consumer

The new UK online safety regime

After being in the works for half a decade, the Online Safety Act 2023 (OSA) received Royal Assent on 26 October 2023. It will join the EU's Digital Services Act (EU DSA) as one of the newest and boldest tech regulations in Europe and is aimed at making the UK 'the safest place to be online'.
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Data

European Court of Justice strengthens position of Consumer Protection Associations

We look at the European Court of Justice's recent decision which ruled consumer protection associations may bring representative actions against data protection violations. The decision, in the case refered from the German Federal Court of Justice, may also have ramifications for other EU Member States, to the extent that their domestic regulations permit legal actions to be taken by consumer protection associations. Against this background, companies need to keep a close eye on further developments.

Data

Google Analytics declared illegal in France –'Big Tech' and business competitiveness at risk in the EU

As it stands, the future of Google Analytics in the EU seems quite compromised. Certain workaround options could be explored but they do not seem to be sufficient

Media & entertainment

Level up - Level Eight: Consumers – Rights and Protections

In level eight of our Video Games Guide we look at the regulatory landscape that exists to protect consumers (including key principles under the advertising and consumer protection regulations) along with recent case studies and the steps that key stakeholders should be taking to comply with the applicable regulations.

Hot Topic - Greenwashing

ESG

ACCC crackdown on greenwashing in Australia with a sweep of websites for misleading environmental and sustainability claims

The ACCC has launched a review of over 200 company websites to identify misleading or deceptive environmental and sustainability claims as part of a focus on so called "green washing" claims in Australia. In this article we provide some background to the ACCC review and highlight potential strategies for Australian businesses to mitigate the risks of regulatory scrutiny.

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The CMA Greenwashing Review – Is this the year of reckoning for the fashion sector?
ESG

The CMA Greenwashing Review – Is this the year of reckoning for the fashion sector?

Eco-fashion" and "sustainable fashion" have become buzzwords amongst fashion retailers in recent years, as consumers have become increasingly aware of sustainability concerns. Shoppers are regularly searching for more environmentally friendly shopping options – a 2021 government survey demonstrated that 52 per cent of UK consumers based their purchasing decisions on a brand's eco-credentials. As a result, fashion brands have been quick to highlight to customers their ethical and eco-credentials, such as announcing initiatives to reduce carbon emissions, releasing "sustainable" ranges, and creating new roles for staff focused on sustainability issues. However, fashion brands, both in the luxury and "fast fashion" sectors, have historically been found to make environmental claims that could be seen as misleading, known as "Greenwashing". Regulators and analysts have been racing to curb exaggerated sustainability claims.

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ESG

The CMA Greenwashing Review – Is this the year of reckoning for the fashion sector?

"Eco-fashion" and "sustainable fashion" have become buzzwords amongst fashion retailers in recent years, as consumers have become increasingly aware of sustainability concerns. Shoppers are regularly searching for more environmentally friendly shopping options – a 2021 government survey demonstrated that 52 per cent of UK consumers based their purchasing decisions on a brand's eco-credentials. As a result, fashion brands have been quick to highlight to customers their ethical and eco-credentials, such as announcing initiatives to reduce carbon emissions, releasing "sustainable" ranges, and creating new roles for staff focused on sustainability issues.

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Co-Branding Partnerships in The Physical And Digital Worlds
Intellectual Property

Co-Branding Partnerships in The Physical And Digital Worlds

In response to the conundrum of how high-end luxury brands can penetrate new markets and gain cultural capital, we look at a masterclass From Balenciaga and Fortnite

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Utah Becomes Fourth State To Pass Consumer Privacy Act, First With Republican-Controlled House And Senate
Data

Utah Becomes Fourth State To Pass Consumer Privacy Act, First With Republican-Controlled House And Senate

On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act into law, making Utah the fourth state to pass a comprehensive consumer privacy law. The Act goes into effect on December 31, 2023

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European Commission publishes initial findings of its sector inquiry on the Consumer Internet of Things
Emerging tech

European Commission publishes initial findings of its sector inquiry on the Consumer Internet of Things

Shaping the future regulation of the market

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Analysis

ePrivacy-concept-key-on-keyboard

E-Privacy check-in: where we are, and where we're headed

Are we any closer to EU institutions reaching an agreement on the final regulation text? Whilst the rules stemming from the ePrivacy Regulation proposal are not expected in the near future, its one-year anniversary offers an opportunity to recall the key changes that stakeholders could, - and should - already anticipate.

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Upcoming events

The New US Administration and the Impact on the DLT Sector and Regulatory Environment for Crypto (online, 29 January 2025):

In this 30-minute webinar, Clifford Chance fintech experts in New York, Washington DC, and London - Jesse Overall, Steve Gatti, Cliff Cone and Paul Landless - will discuss the new US administration and the outlook for the DLT sector and the regulatory environment for crypto, together with potential opportunities. This webinar is particularly relevant to banks, asset managers, and professionals within the fintech space. | To register, please complete the online RSVP form

 
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