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ARTICLES BY hannah.shergold

Wowcher to change practices and issue refunds after CMA investigation

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Last week, following its investigation into Wowcher’s online selling practices, the CMA announced that Wowcher will change the way it promotes products and services to customers, in addition to paying £4 million in refunds to consumers. Some organisations use so-called “dark patterns” or online choice architecture to “nudge” customers into buying products that they otherwise…

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Ofcom fines TikTok £1.875 million for providing inaccurate data on safety controls

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Ofcom has fined TikTok £1.875 million for failing to accurately respond to a formal request for information about its parental controls safety feature. Under the Communications Act 2003., organisations regulated by Ofcom must respond to all statutory information requests from Ofcom in an accurate, complete and timely way. This includes providing accurate and complete information….

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Consumer protection associations may bring legal proceedings for infringement of data subject rights

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The Court of Justice of the European Union has ruled in Meta Platforms Ireland Ltd v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV (Case C-757/22).  It considered if a consumer protection association has standing under Article 80(2) of the GDPR. Meta Platforms Ireland manages Facebook and is the controller of users’ personal data…

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European Commission coordinates action by national consumer protection authorities against Meta on “pay or consent” model

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The EU’s Consumer Protection Cooperation (CPC) Network is taking action following concerns that Meta’s “pay or consent” model might breach EU consumer law. The Commission is coordinating the action. It is due to Meta requesting that consumers either subscribe to use Facebook and Instagram for a fee, or consent to Meta’s use of their personal…

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ICO Annual Report: Highlights

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The Information Commissioner’s Office has published its annual report for 2023-24.  This article sets out the highlights. The ICO commits to four “enduring strategic objectives”: Investigations The ICO concluded 285 civil investigation cases and 80 incidents in 2023-24. Five prosecutions and five cautions were brought for ‘unlawfully obtaining’ offences under the Data Protection Act. These…

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Committee on Advertising Practice issues guidance on using AI as a marketing term

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The Committee on Advertising Practice has issued guidance on using AI as a marketing term.  It points out that AI has become a prominent topic in the media and has become more widely available to the public (including businesses). Therefore, CAP says that it is important that marketers do not mislead about what AI products…

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Court of Appeal considers FRAND terms in InterDigital v Lenovo case

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In InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2024] EWCA Civ 743both parties appealed a decision by Mellor J about what Lenovo should pay for a licence.  The licence was on fair, reasonable and non-discriminatory (FRAND) terms of InterDigital’s portfolio of patents which have been declared essential (standard-essential patents or SEPs)…

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