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PRACTICE NOTES
This Practice Note tracks key consumer protection developments in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which received Royal Assent on 24 May 2024. DMCCA 2024 introduces significant reforms to UK consumer protection law, competition law and the regulation of digital markets. It is partly in force from the date of Royal Assent, however, most of the key provisions and obligations under DMCCA 2024 will be, or have been, subsequently brought into force via secondary legislation. This Practice Note includes details of key dates for your diary and past developments in relation to the following: • DMCCA 2024—progress to Royal Assent • Part 3—enforcement of consumer protection law: ◦ Legislation ◦ Guidance • Part 4—consumer rights and disputes: ◦ Legislation ◦ Guidance • Regulatory action and investigations For a high level overview of the consumer protection provisions contained in DMCCA 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions. For detailed guidance on provisions in force, see Practice Notes: • Consumer
PRACTICE NOTES
The Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) aims to create a regime to empower the Competition and Markets Authority (CMA) to regulate and increase competition in digital markets. For a timeline of all legislative and policy developments regarding the UK’s overhaul of its approach to competition law in the field of digital markets since 2018, which ultimately culminated in the DMCCA 2024, see further, UK Digital Markets Competition regime—progress tracker Set out below is the progress of the DMCCA 2024 as it makes its way through the parliamentary process. 2026 Date Development Further reading 07/07/2026 The Department for Business and Trade published a memorandum of understanding with the Department of Science, Innovation and Technology (DSIT) setting out the role of DSIT in the sponsorship arrangements of the CMA and the digital markets regime under the Digital Markets, Competition and Consumers Act 2024 • Memorandum of Understanding published 2025 Date Development Further reading 30/10/2025 Government response to DCMS consultation on further changes to to the Enterprise Act 2002 (Mergers
NEWS
EU Law analysis: Over the last few years, the EU has acquired new digital legislation almost as quickly as the technology it seeks to regulate has developed. Concerns about over-regulation and overlapping and even conflicting provisions have now led the European Commission to re-think its approach and attempt to streamline the digital regulatory compliance burden. On 19 November 2025, the Commission published its Digital Omnibus proposal. This comprises two main proposals: one focusing on 'quick fixes' for some of the pain points in the EU AI Act, and a second, more complex proposal amending the data acquis, most notably the EU General Data Protection Regulation (EU GDPR), the ePrivacy Directive and the EU Data Act. Written by Debbie Heywood and Alexander Schmalenberger of TaylorWessing.
PRACTICE NOTES
This Practice Note considers the legal framework governing digital advertising, including the purchase and sale of digital advertising inventory by programmatic means (programmatic advertising) and real-time bidding (RTB) in the EU. This Practice Note considers the legal issues affecting the digital advertising supply chain, including data protection and privacy, consumer protection, competition and specific developments for digital markets. It also considers the key industry, trade and self-regulatory bodies that supervise and regulate such activities in the EU. Introduction Any communication of advertising or marketing material directed to a particular individual, or set of individuals, however it may be communicated (whether digitally, by telephone or a print campaign) is considered to be direct marketing. Direct marketing attracts specific rules particularly in relation to data privacy and consumer protection. When such advertising is communicated digitally, these issues can become even more complex. The concept of ‘digital’ advertising is an all encompassing term which includes the diverse number of digital, online and social media channels available to advertisers today. As such, references throughout this
PRACTICE NOTES
This Practice Note introduces common digital advertising and marketing channels, including website advertising (banners and tile ads), search engine optimisation (SEO), social media advertising, email advertising, mobile advertising, streaming advertising, digital out-of-home (DOOH) and virtual out-of-home (VOOH), virtual and augmented reality advertising, affiliate marketing, and content and native advertising. It also highlights the main regulatory and legislative provisions, and the consequences of non-compliance. Digital, online and social media (collectively referred to as ‘digital’) encompasses a diverse and constantly-growing array of different channels for delivering advertising and marketing materials. Each channel has unique advantages and disadvantages in terms of managing legal risks. Digital technology can often work in favour of legal compliance by allowing greater control of advertising activity than traditional media. On the other hand, it is a fast-paced area with technological developments often pushing the boundaries of legislation. For detailed guidance on specific topics mentioned in this note, see Practice Notes: • Advertising law and regulation • Direct marketing Website advertising (banners and tile ads) Website-based advertising (also referred to as display advertising) is advertising that
NEWS
Dispute Resolution analysis: A recent decision has ruled that a judgment for non-proprietary relief, namely, a money judgement, can be made against unidentifiable crypto-currency defrauders. This decision goes against Boonyaem v Persons Unknown Category (A) where the court ruled that it could not give judgment for any kind of non-proprietary relief (including damages to be assessed) against unidentifiable crypto-currency defrauders. The distinction that the judge drew was that, in the present case, the claimant had managed to effect service on the unidentifiable crypto-currency defrauders, whereas Boonyaem applied a case about the impossibility of service, which meant the impossibility of asserting jurisdiction, and therefore, judgment. Here, the court held that where jurisdiction can be established by ‘alternative service’, then there is no prima facie reason for such jurisdiction to disallow the very purpose for which it is initially invoked, for the claimant to obtain a judgment. Written by Jason Raeburn, partner, and Georgina Morris, associate, at Paul Hastings (Europe) LLP.
CHECKLISTS
The personal representatives (PRs) of an estate have a duty to administer the estate and this includes dealing with all the deceased’s digital assets, including online accounts and profiles even if they have no monetary or immediate value. While it is estimated that there are already over two million people in the UK who hold some form of cryptoasset, to date relatively few people have died with such assets in their estate and this is still a developing area of law and practice. More generally, the vast majority of the UK population is likely to have some sort of digital profile or digital asset in their estate on death. For information on what are considered to be digital assets, see Practice Note: Dealing with digital assets after death—What are digital assets? This Checklist deals with specific issues for PRs to consider where the estate contains digital assets, including cryptoassets. It focuses solely on issues relating to digital assets rather than physical assets and should be read in conjunction with Estate administration—file checklist. Checklist Identifying
PRACTICE NOTES
STOP PRESS: The Property (Digital Assets etc) Act 2025 received Royal Assent on 2 December 2025 and came into force on that day. Section 1 states that a thing (including a thing that is digital or electronic in nature) is not prevented from being the object of personal property rights merely because it is neither a thing in possession, nor a thing in action. This means that digital holdings including cryptocurrency, non-fungible tokens and carbon credits can now be considered as personal property. See LNB News: 04/12/2025 2. This Practice Note is being updated to reflect this change. Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their age. No legislative definition There is no legislative definition of a ‘digital asset’ in the UK and no legislation governing a personal representative or fiduciary’s access to digital assets. However
PRACTICE NOTES
This Practice Note identifies the key points in the development of the legal status of digital and cryptoassets, including the 2019 UK Jurisdiction Taskforce’s (UKJT) Legal Statement on Cryptoassets and Smart Contracts, the 2019 decision in AA v Persons Unknown recognising that digital assets could constitute property under English law and why such status matters, the incremental development of this proposition through the case law, The Law Commission Report and the Property (Digital Assets etc) Bill and the decision in D’Aloia v Persons Unknown, being the first judgment following trial on the status of digital assets to materialise. For an introduction into the technical characteristics and workings of digital assets and the means of trading them, see Practice Note: Crypto and digital assets—what are they and how do they work? The UK Jurisdiction Taskforce report (November 2019) The appropriate starting point for the development of the English legal principles in respect of digital assets is the publication in November 2019 of the UKJT’s Legal Statement on Cryptoassets and Smart Contracts (the ‘Legal Statement’). The
GLOSSARY
Radio broadcasting using digital modulation and digital source coding techniques.
GLOSSARY
A world consensus forum set up to generate global digital electronic communications standards in the area of broadband switched mass-marked networks and services.
PRACTICE NOTES
This Practice Note introduces the concept of e-commerce and the wider digital commerce sector, including a glossary of relevant terms. It introduces the technology typically used within a transaction, such as electronic data interchange (EDI), application programming interface (API), blockchain and smart contracts, artificial intelligence and payment technologies. It provides an overview of common routes to market, such as website commerce, mobile commerce (m-commerce), social commerce and online platforms. Finally, it explains a typical digital commerce lifecycle and identifies key risks. This Practice Note is intended as an introductory guide to the sector, including its terminology and common technologies. It does not explore legal, regulatory or compliance issues in detail. For more information, see Practice Notes: • Business-to-business digital commerce—forming contracts online • Business-to-business digital commerce—compliance and regulation • Business-to-consumer digital commerce—forming contracts online • Business-to-consumer digital commerce—compliance and regulation • Digital commerce—website terms, policies and notices What is the difference between e-commerce and digital commerce? There is no universally accepted definition of ‘e-commerce’. However, a commonly used international baseline is the definition adopted by the Organisation for Economic