Marketinglaw Update | December 2018

Written on 20 Dec 2018

Welcome to your update from Osborne Clarke’s Marketing Law team, with the usual eclectic mix of marcomms law and regulatory developments.

This month’s jam-packed coverage includes (amongst other things): CNIL’s latest enforcement action against adtech; Iceland’s Christmas orangutan; changes to PECR leading to directors being potentially personally liable for breaches; a rare ASA ruling reversal; and the new AVMS Directive’s effect on advertising and marketing.

We hope you find these updates useful. Please feel free to get in touch if you’d like to follow up with us on anything.

From all of us at Osborne Clarke, Happy Holidays and best wishes for 2019.

Latest news

CNIL casts doubt on IAB-style consent management platforms: The French data protection authority, CNIL, has found that consent obtained by adtech company Vectaury via an IAB-style framework was not adequate for the purposes of GDPR. Ben Dunham reports on why this could cause the adtech industry a headache.
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Taking a gamble with ad placement: A National Lottery scratch card ad appears outside a school due to a failing in the ad targeting software’s location system. Charlotte Groom reports.
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Rang-tan, Iceland’s orangutan, fails to escape to Christmas television: Iceland’s Rang-tan is missing from our Christmas TV. Why? Chloe Deng reports.
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Updated direct marketing guidance from the ICO?: The ICO issues a consultation on updated direct marketing guidance. Daisy Jones reports. 
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Who you gonna nuisance call? No-one!: The Privacy and Electronic Communications (Amendment) Regulations 2018 will permit the ICO to fine company officers up to £500,000 for breaching direct marketing laws. James Salisbury reports.
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New AVMS Directive means change for the broadcast advertising regime: Changes to the AVMS Directive could have wide-ranging implications for ads on TV and video-sharing platforms. Jamie Heatly reports.
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Controversial high-speed trains campaign does not need to be derailed, says French court: The French administrative court dismisses a claim that a controversial ad for high-speed trains was offensive and promotes violence against women. John Jackson reports.
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The Coco Pops Monkey is redeemed: Controversial ASA ruling against Kellogg’s is overturned which has re-established the rules on product and brand advertising in relation to HFSS.
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