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Unfair commercial practices—checklist This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages. It considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. All commercial practices need to be considered and checked to ensure that they do not breach these requirements. These include marketing techniques; traders should consider in particular new media techniques, which can sometimes be unclear to consumers as being commercial activity. For more information on the CPUTR 2008, see Practice Notes: • The Consumer Protection from Unfair Trading Regulations 2008, and • Private right of redress for consumers See also: Advertising law and regulation—overview and Sales and marketing—overview. The DMCCA 2024 In July 2021, BEIS,...
Vertical agreements—drafting for MVBEO—checklist This Checklist sets out the essential points that should be considered under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when drafting new vertical agreements, or updating existing vertical agreements, in relation to motor vehicle aftermarkets for the provision of repair and maintenance services or the distribution of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not intended to be a comprehensive guide to the MVBEO but should be used where a commercial lawyer wants to ensure that the vertical agreement falls within the MVBEO (and any guidance issued under it). For further information, see: CMA Guidance: MVBEO. A flowchart is also provided at the end of this Checklist, setting out the main steps to follow when assessing whether an agreement falls under the MVBEO. Introduction to MVBEO Any agreement which affects trade and restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition...
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Direct marketing decision tree—live telephone calls—data protection This decision tree provides a logical process for determining whether you can engage in live telephone marketing and, if so, to whom. For other types of marketing, see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—email and other electronic mail marketing—data protection. Live or automated telephone calls? This decision tree is not suitable for automated calls because the rules on automated calls are far stricter than those relating to live calls. You must not make automated telephone marketing calls to an individual unless they have specifically consented to receive this type of call from you. General consent for marketing, or even consent for live calls, is not enough—it must specifically cover automated calls. There is therefore little point in having a decision tree for automated marketing calls—this decision tree relates exclusively to live marketing calls. See Practice Note: Direct marketing compliance—Automated calls. Claims management services Unsolicited phone calls advertising claims management services are not permitted unless the recipient previously notified...
Direct marketing decision tree—email and other electronic mail marketing—data protection This decision tree provides a logical process for determining whether you can engage in email marketing and, if so, to whom. It is equally relevant to text and SMS marketing. There are separate decision trees in relation to postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Electronic marketing presents the most complex regulatory challenge of all forms of marketing. You have to comply with the UK General Data Protection Regulation (UK GDPR) plus the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 takes a different approach for different electronic marketing activities, depending on your target audience and the type of goods/services you are promoting. You also have to comply with the applicable requirements of the UK GDPR. For more guidance, see Practice Notes: • Direct marketing compliance—Electronic mail • How to handle personal data for direct marketing, and • Direct marketing—UK GDPR and PECR 2003 interplay...
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Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...
Commercial annual round-up: reviewing 2017 and previewing 2018 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the cases of Wood v Capita Insurance Services Limited [2017] UKSC 24 and Ilkerler Otomotiv Sanayai Ve Ticaret Anonim Sirketi v Perkins Engines Company Ltd [2017] EWCA Civ 183, among others. Also included are updates on ÀÏ˾»úÎçÒ¹¸£Àû®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Contract law What happened in Wood v Capita Insurance Services Limited? The Supreme Court held in Wood v Capita Insurance Services Limited [2017] UKSC 24 that the appellant, which had purchased a company from the respondent, could not recover compensation it subsequently had to pay to the company’s customers who had been affected by mis-selling before it took over the company. The...
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Music publishing agreement—pro-publisher This Agreement is made on [date] Parties 1 [Insert name of Publisher] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Publisher); and 2 [Insert name of Writer] of [insert address] (Writer). Background (A) The Writer is a composer of musical works and/or an author of lyrics of literary works; (B) The Publisher is engaged in the business of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and (C) The Publisher wishes to acquire and the Writer wishes to grant to the Publisher the exclusive right to the Writer’s share of the Compositions, subject to the terms of this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period • means each six monthly period ending on 30 June and 31 December; Advance • means all monies paid to the Writer by the Publisher other than royalties. Such...
Online brand protection—training materials These training materials are template PowerPoint slides which show how businesses can protect their online brands. They include guidance upon protecting trade marks and domain names. It is intended that these slides will be used as a starting point for someone who needs to train others on brand protection. These slides can be amended as necessary to suit individual requirements, but will help the speaker by speeding up preparation times. The training materials are customisable. Click the link below to download the presentation. Contents • Terminology • The internet and key brand risks • Deciding on new branding • Managing an existing brand • Trade mark infringement and passing off actions: — Trade mark infringement — Passing off — Domain names — Keyword advertising — Objecting to other trade marks • Advertising practices • Defamation • Responding to a brand management crisis • Conclusion Purpose of slides/seminar The slides are intended for a general rather than specialist audience. It is anticipated...
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Is a subscription to join an app which offers goods at discounted prices together with the opportunity to enter prize draws likely to be considered a payment to enter under the rules on lotteries and prize promotions? Lotteries Under the Gambling Act 2005 (GA 2005) most types of lotteries are illegal. A lottery must comply with the relevant provisions of GA 2005 and can only be lawfully operated under a lottery operating licence unless it falls within one of the limited exceptions. The three elements of a simple lottery are: • the requirement to pay to participate • the allocation of prizes, and • the determination of winners wholly on chance Only one of these elements needs to be absent for a promotion to fall outside the control of GA 2005. The ‘requirement to pay to participate’ Making entry into a prize promotion conditional on the purchase of a product (or services) is not a payment to enter provided the price of the product or service...
What must be established for a company to successfully restrain a creditor from giving notice of a winding-up petition against it? The default position is that notice of a winding-up petition should be given. See Re A Company (not reported by ÀÏ˾»úÎçÒ¹¸£Àû®, ChD, Tim Kerr QC, 13 November 2014). Under Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 7.24, it is possible for a company to apply to the court to restrain a creditor from giving notice of a winding-up petition. An application by a company for an injunction restraining a creditor from giving notice of a winding-up petition must be made to the court or hearing centre in which the petition is pending. The jurisdiction to restrain the giving of notice of petitions is used sparingly. An applicant for a restraining
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Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.
This week's edition of Property Disputes weekly highlights includes: analysis on how to identify the correct operator for terminating an Electronic Communications Code agreement, the Ministry of Housing, Communities and Local Government’s publication of its updated guide on the Renters' Rights Bill, and a Court of Appeal decision clarifying section 7 of the Interpretation Act 1978 on service ‘by post’. It also includes a notable Privy Council decision confirming that a tenant may terminate a lease following a landlord's repudiatory breach, and an Upper Tribunal decision on the First-tier Tribunal’s power to conduct a review of its own decision.
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