The CJEU has issued its ruling in Case C-400/22 | Conny. It ruled that the order button, or a similar function, must clearly indicate that, by clicking on it, the consumer assumes an obligation to pay. This applies even if the obligation to pay depends on the satisfaction of a subsequent condition. The case arose…
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The Digital Markets, Competition and Consumers Act 2024 has received Royal Assent. As the name suggests, it covers three main areas: digital markets regulation, competition law reform, and consumer law reform. Digital markets regulation The new Act establishes a new pro-competition regime for digital markets. It gives the CMA the power to designate undertakings as…
The Media Act 2024 received Royal Assent on 24 May. It was fast-tracked through the UK Parliament as part of the “wash-up” period before parliament was dissolved in anticipation of the General Election in July. It had been introduced to Parliament on 8 November 2023. The Act aims to update media regulation for the digital…
The Court of Justice of the European Union has ruled in Joined Cases C-662/22 | Airbnb Ireland and C-667/22 | Amazon Services Europe, Case C-663/22 | Expedia, Joined Cases C-664/22 | Google Ireland and C-666/22 | Eg Vacation Rentals Ireland, and Case C-665/22 | Amazon Services Europe. In Italy, providers of online intermediation services and…
UK law DMCC Bill completes parliamentary process and other “wash-up” news The Digital Markets, Competition and Consumers Bill has completed the parliamentary process ahead of the 2024 General Election and will receive Royal Assent on 24 May. At the time of writing, it looks as if the Media Bill may also complete the process as…
High Court considers whether cap on liability was single, aggregate cap or multiple caps The High Court has issued its judgment in the case of Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 1185 (TCC). The case arose in the context of a contract for the digital transformation of the services of…
UK law Automated Vehicles Bill ready for Royal Assent The Automated Vehicles Bill returned to the House of Lords to consider the House of Commons amendments. The House of Commons had proposed 11 amendments to Clauses 40, 43, 89, 93 and 100, as well as amendments to Schedule 1. The Bill has now been passed…
IT contracts and disputes have long concentrated on functional specifications, tests and defects to assure that projects deliver what is intended. This is only part of what is required. William Hooper examines the role of design in contract and dispute….
The Upper Tribunal has dismissed the ICO’s appeal in ICO v Experian [2024] UKUT 105 (AAC). Experian is a well-known credit reference agency. It holds and processes data relating to over 51 million people living in the UK (effectively the entire adult population). It also processes the data of UK residents to provide marketing services…
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An increasing number of IT disputes occur within the context of digital transformation. What are the implications of this for those who seek redress? In a previous article, I addressed a definition of digital transformation and identified some of the factors that may give rise to disputes.[1] An awareness of that may usefully inform those…