European Commission publishes revised guidance on the Omnibus Directive

UK – E-commerce On 17 December 2021, the European Commission revised guidance on the interpretation and application of the Omnibus Directive. The deadline for Member States to have all measures and any national amendments implementing the Omnibus Directive is 28 May 2022. The revised version of the guidance focuses on the application of EU consumer … Read more

More robust advertising restrictions on HFSS products to come into force

UK – Advertising and Marketing The Government has announced that it will introduce both a 9pm TV watershed for HFSS products and restrictions on paid-for HFSS advertising online (including on-demand programme services). These changes will come into effect in January 2024 via the Health and Care Bill 2022. Read more

European Commission to revise Code of Practice against Disinformation

EU – ONLINE PROTECTION AND EDUCATION  The Code of Practice against Disinformation was published in September 2018 and was subsequently signed by Facebook, Google, Mozilla and Twitter, among others. The Code is a self-regulatory document and, following European Commission assessments and reports on adherence, guidance was issued in May 2021 to address shortfalls in the … Read more

EBA Contribution to joint ESAs response to the European Commission’s Call for Advice on digital finance

EU – Finance  On 21 September 2021, the European Banking Authority (“EBA”) published a report on the growing platformisation of the EU banking and payments sector. In particular, this report considers steps to strengthen the EBA’s supervisory capacity to monitor market developments. The findings in the report informed the EBA’s contribution to the joint European … Read more

DCMS Committee announces inquiry into influencer culture

UK (AND OTHERS) – ADVERTISING AND MARKETING On 26 March 2021, the DCMS Committee launched an inquiry into “the power of influencers on social media, how influencer culture operates, and… the absence of regulation on the promotion of products or services, aside from the existing policies of individual platforms” with a view to assessing whether … Read more

CMA to review the “Green Claims Code” which sets out guidance for businesses making environmental claims

UK- ADVERTISING AND MARKETING (AND OTHERS) January 2022 In September 2021, the CMA released the Green Claims Code, which sets out new guidance for businesses marketing goods and services as environmentally-friendly. This follows the CMA’s investigation into misleading environmental claims, and increasing attention across Europe on sustainability claims. The CMA plans to begin reviewing misleading … Read more

CDEI and REC publish guidance relating to data-driven tools in recruitment

UK – DATA & NEW TECHNOLOGY Following the Centre for Data Ethics and Innovation’s (“CDEI”) review into bias and algorithmic decision-making published on 27 November 2020, the CDEI and the Recruitment and Employment Confederation (“REC”) have published a set of jointly developed guidance to provide practical considerations for the use of data-driven tools (e.g. big … Read more