Marketinglaw Update | May 2016

Welcome to the May update of marketinglaw, containing the latest news and articles covering advertising and marketing.

We hope you find it interesting.  If you would like to discuss any of the content in this update, please contact Stephen Groom or the author of the relevant story.

Advertising regulation

  • Compulsory number display for DM calls

The latest version of the Privacy and Electronic Communications Regulations is now in force and with it a requirement that all live direct marketing callers display the number they are calling from. Mike Ahyow reports here.

  • Australia defines “free range egg”

Following an A$300,000 penalty on Derodi Pty and Holland Farms Pty and an order to publish corrective advertising, there is a new Australian national standard definition of “free range egg.” Can a UK court order corrective advertising in similar cases? Chloe Deng reports here.

  • Ofcom probes “Cab My Ride” and “MYX Fusions Moscato” references

Did channels “That’s Solent” (local TV) and “Flava” (music) breach “undue prominence” rules for brand references in editorial? Barney Sich reports on Ofcom’s investigations and the outcomes here.

Data & privacy

  • Pitiful penalty for £3000 a month offer for accident victim data

Unbeknownst to insurer LV, ex-employee David Barlow Lewis offered to pay an existing employee for personal data sets for use as marketing leads. Eleanor Locke reports on the subsequent Bournemouth Magistrates verdict here.

  • Osborne Clarke Netherlands launches new data security breach reporting tool

The Netherlands has introduced much stricter requirements for reporting data security breaches than apply in the UK. In response, a new data security breach reporting tool has been launched by Osborne Clarke Amsterdam. Visit the tool here.

  • “Smart mirrors” and marketing: privacy concerns

As marketers are alerted to the exciting possibilities of cutting edge “hidden display technology,” Georgina Graham sounds a data protection warning here.

  •  New EU Trade Secrets Directive: key points for marketers

The wide definition of “trade secrets” in the new eponymous directive means that marketers should not ignore its potential implications. Ben Dunham reports here.

Marketing techniques

  • New tips from CAP on user generated content

If advertisers use “UGC” to promote brands or products the ASA-enforced CAP Codes will apply. What’s in and what’s out if this technique is used?  Jude King reports on new guidance published by CAP here.

Media & IP

  • BMW sues BMW specialist Technosport London Ltd over use of BMW brands

Technosport are the BMW and Mini specialist garage for servicing & maintenance in London” says the search engine result. How much use can a non-authorised garage make of car brands? Kate Robinson reports the judgement in BMW vs Technosport here.

Online advertising

  • Revised EC guidance on unfair commercial practices directive

Leaked documents suggest the European Commission will shortly publish revised guidance on the Unfair Commercial Practices Directive (“UCPD”).  The guidance is expected as part of a package of measures to support e-commerce in the European Union. Nick Johnson reports here.

  • ASA probes Australian “UGG Boots” website claims

A UK consumer complained that a “15 day money back guarantee” on was not honoured. A “made in Australia” claim was also challenged. Chloe Dumoulin-Richet reports and looks at the jurisdictional and enforcement aspects here.


  • Grocers asked to engage with Trading Standards on “Was/now” offers

The Competition and Markets Authority has published a follow-up report on a super-complaint by Which? concerning allegedly misleading grocery promotions. As a result, a number of supermarkets are being asked to “engage with” Trading Standards. Jamie Heatly reports here.

  • Argos “Save £100 on Toshiba 15.6″ laptop” promotion challenged

A consumer was unable to find an Argos outlet with stock of a promoted laptop. The ensuing ASA investigation focused on whether Argos had made suitable arrangements to satisfy anticipated demand. Daisy Jones reports here.

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