Oliver Bray

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Regulatory Radar - March 2025

2 months ago | lexology.com | Oliver Bray |Ben Goodier |Patrick Brodie |Helen Armstrong |Kelly Thomson |Tom McQuail | +16 more

Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators. Highlights from this issue include a range of consultations on proposed changes and guidance updates in relation to the DMCCA, new packaging legislations in both the UK and EU, AI developments, and recent reports and strategies shared by regulators.
The UK's new AI Bill

Oct 17, 2024 | lexology.com | Oliver Bray

The questionWhat will the UK's Artificial Intelligence Bill (the AI Bill) focus on and how will it regulate advanced generative-AI models? The key takeawayThe recently announced AI Bill is expected to focus on the regulation of advanced AI models including generative-AI such as ChatGPT. The AI Bill also seeks to formalise voluntary agreements that companies had previously entered into under the former Conservative Government.
ASA rules on impact of historic environmental performance on green claims

Oct 17, 2024 | lexology.com | Oliver Bray

The questionHow does the Advertising Standards Authority (ASA) say about poor historic environmental behaviour in respect of green claims? The key takeawayOn 10 July 2024, the ASA ruled that ads must not mislead consumers by failing to include material information about an organisation's historic environmental performance. The decision responded to an ad published by Wessex Water, which was in breach of BCAP Code rules 3.1 and 3.2 (misleading advertising) and 9.2 (environmental claims).
IAB Europe's 12 guiding principles for the 2024-2029 EU legal agenda

Oct 17, 2024 | lexology.com | Oliver Bray

The questionWhat principles will guide IAB Europe in the upcoming EU legal agenda? The key takeawayIAB Europe has published new guiding principles for the 2024-2029 EU legal agenda, aiming to influence EU policy with a focus on inclusivity, safety and innovation. The framework emphasises continued collaboration with industry representatives and the use of market-tested strategies.
New Minister for Data Protection Sir Chris Bryant

Oct 17, 2024 | lexology.com | Oliver Bray

On 8 July 2024, the Government appointed Sir Chris Bryant as the Minister of State for Data Protection and Telecoms (as well as Minister of State for Creative Industries, Arts and Tourism). This is a new role and sits within the Department for Science, Innovation and Technology.
Exemption from HFSS product restrictions for Ofcom-regulated internet protocol television (IPTV) services

Oct 17, 2024 | lexology.com | Oliver Bray

The questionWhat is the UK Government's proposal for the incoming HFSS restrictions in relation to IPTV advertising? The key takeawayAlthough the final position will be confirmed in response to the consultation, the Government proposes an exemption of Ofcom-regulated IPTV services from the incoming HFSS advertising restrictions under the Health and Care Act 2022 (HCA 2022).
ASA rules on impact of historic environmental performance on green claims

Oct 17, 2024 | lexology.com | Oliver Bray

The question What can we learn from the Advertising Standards Authority's (ASA) recent rulings against green claims in the aviation industry? The key takeaway Organisations must continue to take great care with green claims made in their promotional materials. Material information must not be omitted if the effect is that consumers are likely to be misled in relation to the actual environmental impact of the product or service in question, or of the business as a whole.
ASA rules that ad is not sufficient where influencers also have business interests

Oct 17, 2024 | lexology.com | Oliver Bray

The questionWhy could Zoe and Huel not rely on a #ad disclosure in ads promoted by the famous entrepreneur, Steven Bartlett? And what does this mean for brands where the individual featured in their ads has a business interest in them? The key takeawayThe Advertising Standards Agency (ASA) continues its strict enforcement against influencer marketing with a new ruling against ads for Zoe and Huel which featured Steven Bartlett.
CMA targets Simba for misleading online choice architecture

Oct 17, 2024 | lexology.com | Oliver Bray

The questionWhat types of promotional tactics are in the Competition and Markets Authority's (CMA) line of sight when it comes to misleading online choice architecture? The key takeawayThe CMA has yet again taken action to pursue its aim of tackling harmful online selling practices.
CMA publishes draft guidance on enforcement of DMCCA consumer law

Oct 17, 2024 | lexology.com | Oliver Bray

The questionHow will the CMA look to enforce the consumer protection law sections of the recently enacted Digital Markets, Competition and Consumers Act 2024 (DMCCA)? The key takeawayThe CMA has published draft enforcement guidance for its new consumer protection powers under the DMCCA. This guidance outlines the enforcement process, from pre-launch to final decisions, offering essential insight into the procedures and penalties.