Marketinglaw Update | July 2020

Written on 29 Jul 2020

Hello and welcome to the latest edition of Marketinglaw.

We hope you are keeping well and safe.

What's inside

This month's edition includes coverage on: the Advertising Standards Authority new scam alert system; the Data & Marketing Association's guidance on adtech; political advertising in the UK; an e-Privacy Regulation update; and an array of international updates.

Other updates

Outside of advertising and marketing, here's a list of some developments that have piqued my interest:

  1. New powers for the Competition and Markets Authority (CMA) in the form of "online interface orders" have been announced. You can find out more here. The CMA has also published an update on its loyalty penalty investigation. You can view the update here.
  2. The Platform-to-Business Regulation came into force in the UK with an enforcement regime. You can find out more about the UK implementation here.
  3. The Court of Justice of the EU has ruled that the EU-US Privacy Shield is invalid, even though Safe Harbour feels like only yesterday. The good news is that standard contractual clauses (or model clauses) are still adequate for now. You can find out more here.

As always, please do not hesitate to get in touch if you have any queries.

Latest news

Strict application of the Loi Evin - Advertisers' creativity limited for alcoholic beverages: On 20 May 2020, the French Court of cassation definitely ends the possibility for alcohol advertisers to develop their creativity and fantasy in their advertising communications. Justine Pellerin and Gaëlle Saint-Jalmes report.
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Seven steps for real time success: The DMA releases its adtech guide: The DMA has released a Seven-Step Ad Tech Guide to help address the privacy challenges of Real Time Bidding (RTB) in programmatic advertising. Verity Raeside reports.
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No victory this time for (the portrait rights of) Max Verstappen against Picnic: The Court of Appeal has ruled on whether the use of a lookalike in a video infringes a person's portrait rights.
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ASA backs other regulators approach to CBD: ASA joins the general clampdown on the sale and advertising of CBD. Katrina Anderson & Katie Vickery report.
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The ASA's new Scam Ad Alert system: ASA launches new Scam Ad Alert system in partnership with major digital advertising and social media platforms
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The ASA want political parties' advertising campaigns to tell the truth. If they don’t want to regulate, who will?: Legal, decent, honest and truthful: will political parties apply the principles that are expected of businesses to their own advertising. Steven Doherty reports.
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Striking the right pose: body image issues in ads: The ASA warns against ads that promote unhealthy body ideas. What are some of the issues to look out for? Rebecca Chui reports.
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Place your bets on the future of gambling advertising legislation!: The Belgian Council of State partially annulled existing rules on online gambling advertising. Louis Hoffreumon reports.
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"Are you guys serious?" – the BDPA sanctions nonchalant data controller: The BDPA shows that compliance with direct marketing rules means serious business. Louis Hoffreumon reports.
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That's (not) What Friends are For: Twoo fined €50,000 by the BDPA for processing non-user personal data without appropriate legal basis. Louis Hoffreumon reports.
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German Presidency of the Council of the EU takes on the draft ePrivacy Regulation: The German Presidency believes a General Approach can be agreed subject to agreement on, predominantly, the introduction of the ground of legitimate interests to process electronic communications metadata (Article 6(b)), and to collect information from end-users’ terminals (Article 8).
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Food advertising guidance bans any reference to Covid-19: Regulator's tough stance means that even implicit references to Covid-19 in food advertising will be construed as a medicinal claim and therefore prohibited.
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