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In this issue: New technologies Internet Advertising, marketing and sponsorship LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Useful information New technologies The Official Journal of the EU records the formal withdrawal of several Commission proposals, including those on the EU AI Liability Directive, the SEP Regulation and the ePrivacy Regulation. See: LNB News 07/10/2025 12. The European Commission has launched the EU AI Act Service Desk and a Single Information Platform to support implementation of the EU AI Act. As envisaged by the Act, the platform will be a central point, offering guidance, interactive tools and an online form for queries to the Service Desk. The EU AI Act took effect on 1 August 2024; prohibitions and AI literacy duties start on 2 February 2025; governance rules and obligations for general-purpose AI apply from 2 August 2025; the Act is...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce Sale and supply of goods LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship HFSS promotion, placement and advertising—where are we now? In recent years the government has rolled out measures intended to curb the promotion, positioning and advertising of food and drink high in fat, salt or sugar (HFSS). The objective is to address childhood obesity and put children’s health first by limiting children’s exposure to HFSS products in physical retail, on TV and online. While part of the regime is already operative, other elements have been deferred owing to factors such as rising food prices and cost of living pressures. In this article, Simon Jupp and Emma Sims of Taylor Wessing summarise the rules and confirm their status as at September 2025. See News...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts International Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship ASA rulings—28 May 2025 The Advertising Standards Authority (ASA) received a single complaint about a Huusk knives broadcast advert that aired directly after a children’s film. The ASA upheld the complaint, concluding the placement was irresponsible and that the portrayal of knives presented a potential risk of harm to children. See: LNB News 28/05/2025 9. Consumer protection CPC Network and the Commission notify SHEIN of EU consumer law breaches The Consumer Protection Cooperation (CPC) Network, in partnership with the European Commission, has informed online marketplace and e‑retailer SHEIN that several practices on its platform breach EU consumer protection law. Led by national authorities in Belgium, France, Ireland and The Netherlands, the CPC Network has instructed SHEIN to remedy issues including...
Practice Note Within the EU, medical devices are strictly overseen by legislation that manages safety and performance throughout the whole lifecycle and across the full product lifetime, spanning pre- to post-market stages. This Practice Note outlines the regime established by Directive 93/42/EEC on medical devices (MDD), Directive 90/385/EEC on active implantable medical devices (AIMDD), which applied until 25 May 2021, and Directive 98/79/EC on in vitro diagnostic medical devices (IVDD), which remained in force until 25 May 2022; collectively, the MD Directives. The MD Directives continue to matter for ‘legacy’ devices that were authorised under them for placement on the EEA market before the new rules started to apply. They will also persist as points of reference for several years for particular legacy devices, for differing durations, pursuant to transitional provisions. This Practice Note sets out how devices were categorised, subjected to conformity assessment, and affixed with the CE mark under the MD Directives. It further addresses advertising and promotion of medical devices, the issue of counterfeit medical devices,...
Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 (CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 (BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, save for certain transitional provisions concerning a...
Advertising and marketing-Brazil-Q&A guide [Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q&A on advertising and marketing in Brazil, issued within the Lexology Getting the Deal Through series by Law Business Research (October 2021). Authors: IWRCF-Luiz Werneck; Talita Sabatini Garcia. 1. What are the principal statutes regulating advertising generally? the Brazilian Federal Constitution; the Consumer Protection Code (Federal Law No. 8,078/90); the Statute of the Children and Adolescents (Federal Law No. 8,069/90); the Brazilian Advertising Self-Regulation Code; Federal Law No. 5768/71; Decree No. 70,951/1972; Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes; National Health Surveillance Agency resolutions. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled? In Brazil, rule-making for advertising is led by the National Advertising Self-Regulation Council (CONAR) and by the government, represented by the House...