Marketinglaw update: November 2015

Written on 27 Nov 2015

Our monthly update contains the latest news and articles covering advertising and marketing law. We hope you find it interesting. If you would like to discuss any of the content in this update, please contact a member of the team or the author of the relevant story.

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Look Back, Face Forward 2015/2016 ® last chance to book: Information Commissioner Christopher Graham to give the keynote at Osborne Clarke’s 17th annual marketing law forum
On the morning of Wednesday 2 December 2015 catch the key marcoms law happenings of 2015 and the likely ad law highlights of 2016 – and hear from the UK Information Commissioner about how to prepare for EU data protection law reforms. For more information and how to book email

Blogging and real time marketing in social media: Mastering the regulatory challenges: a free breakfast focus
On 27 January 2016 hear from the bloggers themselves as well as from expert legal practitioners in the field at Osborne Clarke’s London office. Save the date and email to register for more information or book a place.

Latest news

Advertising regulation: ASA considers whether Strongbow ad gets life’s priorities wrong
An ad on Strongbow’s YouTube channel featured a spoof awards ceremony with a “Best Strongbow as my other half” category. Its winner said to Strongbow “I’ve loved you since the first day I met ya.” Regulatory issues? Jude King reports >

Advertising regulation: Ofcom shakes up video-on-demand regime
Following a number of cases in which decisions of the existing delegated regulator ATVOD were successfully appealed, Ofcom has lost patience and assumed direct control of video-on-demand programme services. Nick Johnson reports >

Data & privacy: Daily Mail probe leads to £130,000 data protection penalty
Citing the reputational damage caused by the case as a mitigating factor, the Information Commissioner’s Office has imposed a £130,000 fine on NHS-approved online pharmacy Pharmacy2U. Stephen Groom explains why the case breaks new ground >

Data & privacy: Safe Harbor update
Following the ECJ’s recent finding that “safe harbor” was with immediate effect no longer a viable basis for EEA-US personal data transfers, Georgina Graham updates us on the rapid-fire developments since then on both sides of the “pond” >

Data & privacy: The ICO sounds warning on public wi-fi and privacy
Following a spot check of the data collection practices of High Street wi-fi services, the UK data regulator’s blog has recently advised the public to be wary of how much personal data the providers of such services collect. George Garrard reports >

Marketing techniques: Incentive programme leads to £212,800 bribery settlement
Fife-based cabling business Brand-Rex Ltd ran a “Brand Breaks” incentive programme for its distributors and installers, but one installer abused the programme and Brand-Rex reported itself under the Bribery Act 2010. Ben Dunham reports >

Marketing techniques: New official price claims guidance looms
Following mounting criticism of the current, 2010-published BIS Pricing Practices Guide, the Chartered Trading Standards Institute is consulting on proposed new guidance following input from the Competition and Markets Authority and Which? Claire Temple reports >

Marketing techniques: Nuisance texter Help Direct UK lands £200,000 fine
Following the scrapping of the “substantial damage or substantial distress” requirement for imposing fines of up to £500,000 for spamming, the ICO has found “no mitigating factors” and penalised Help Direct UK accordingly. Stephen Groom reports >

Marketing techniques: Promotion closing date extension probe
A Travel Republic competition offered prizes for videos showing the entrants who were quickest at packing their suitcase with 20 items. A complaint was made to the ASA after the closing date was extended and entry requirements “clarified”. Daisy Jones reports >

Marketing techniques: Young US Open winner catches out gambling advertisers
Jordan Speith proved a popular US Open winner, not least with gambling services advertisers. But the ace golfer’s age turned out to be a problem, as no less than three adverse ASA adjudications against different advertisers underline. Jude King reports >

Media & IP: Cristal vs Cristalino in fizz brand fracas
Champagne producer Louis Roederer registered CRISTAL as a trade mark. It unsuccessfully opposed UK registration of CRISTALINO JAUME SERRA by sparkling wine maker J Garcia Carrion SA. Could it still stop importation of CRISTALINO into the UK? Varuna Paranavitane reports >

Media & IP: Personalisation of consumables-latest developments
Advanced personalisation of consumables is tipped as the next big thing. What are the latest developments and the key potential impacts for brand owners and advertisers? Sara McDiamond reports >

Online advertising: Alleged “lookalike” screenscraper sites blasted by Ryanair
Budget airline Ryanair has called on Google to take more action to protect consumers from “lookalike” screenscraper sites. eDreams is one of the sites Ryanair has named, but eDreams denies any wrongdoing. Thomas Spanyol reports >

Retailing: BIS reports on copycat packaging
The Government has reported on whether brand owners should be able to take direct action against lookalike products under the Consumer Protection from Unfair Trading Regulations 2008. Has this pleased anti lookalike lobbyist the British Brands Group? Barney Sich reports >

International news

Data & privacy: FTC reviews kids’ apps for privacy progress
Three years since the FTC last surveyed apps targeted at children, the US consumer protection body has checked back with 364 child-directed apps to see if there has been an improvement in data collection practices. Chloe Deng reports >