Talking Shop April 2024

This edition includes the two most recent episodes of our podcast, Retail Therapy, as well as an exploration into why some Swedish companies are implementing age restrictions on advanced skincare products; an analysis on the Spanish judicial practice to repress misleading advertising; an overview of why e-commerce sellers need to ensure their EU VAT is on point; and much more.

Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.

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In this edition:

• Retail Therapy Podcast
• Consumer Law
• Intellectual Property
• Sustainability
• Tax
• News & Events

Retail Therapy Podcast

Listen to the latest episodes of Retail Therapy: A podcast for the Retail & Consumer sector

In the Retail Therapy podcast, hosted by Senior Associate Nicola Conway and trainee Sana Malik, we give a Bird’s eye insight into the trends, challenges and opportunities in the Retail & Consumer industry. Nicola and Sana discuss a wide range of topics, drawing on Bird & Bird’s extensive knowledge of the Retail & Consumer sector, across our global network of lawyers. We’ll also be interviewing industry experts and thought leaders to share their valuable perspectives into the world of retail.

Episode 3: China Retail Tech Update. We speak with Serena Du, Senior Associate in our Corporate & Commercial Group based in Shanghai, to discuss why retail tech is so much more advanced in China than it is in the UK (and elsewhere).

Episode 4: Mummy Motivation in Cosmetics. We are joined by Megan Harrison, an associate in our Retail & Consumer group, about the trend towards a simpler approach to skincare, particularly for people who are pregnant, breastfeeding or trying to conceive.

Listen to all episodes on Spotify, apple or Soundcloud here.

Consumer Law

Poland: Regulator battles misleading labels in the clothing industry

Poland's Office of Competition and Consumer Protection (UOKiK) recently took strong action against two Polish clothing companies, Lord and Lavard. The clothing industry saw a record penalty with Lavard receiving a fine of over PLN 3.8 mln (approx. EUR 836,000) and Lord over PLN 213,000 (approx. EUR 47,000). These fines were given for deceiving customers about the materials used in clothes produced by these companies. This action underscores the increasing need for business transparency in this sector.

Read the full article here

Sweden: Companies are implementing age restrictions on advanced skincare products

Advanced skincare products, meaning products containing active ingredients, have seen a surge in popularity in recent years, especially among younger consumers. Concern has been raised regarding the impact such active ingredients may have on children. Swedish media has lately covered this issue, and several Swedish companies have responded by introducing age restrictions for such products. Measures are also being implemented beyond Sweden’s borders, reflecting a global trend. Currently, neither EU law nor Swedish law regulates age restrictions for skincare products containing active ingredients. 

Read the full article here

Intellectual Property

Australia: Fallen angel - Australian Full Court pops the bubble on additional damages in trade mark infringement

On 23 February 2024, five judges of the Federal Court of Australia overturned an award of damages against an e-marketplace provider, indicating that nominal damages and additional damages for trade mark infringement should be reduced from $8,250 to $100 and from $70,000 to zero respectively. With the rise of e-marketplaces and platforms publishing user-generated content, this case signals the Court’s adoption of a more lenient approach to liability of platform operators for trade mark infringement occurring on their platforms. The decision provides guidance for platform operators as the importance of moderation practices in minimising exposure for such liability.

Read the full article here

Sustainability

Global: Navigating the legal landscape of plastics – balancing utility with environmental responsibility

The theme of Earth Day 2024 is ‘Planet vs. Plastics’. We currently stand at a crossroads between the undeniable benefits and the increasing environmental challenges of unrecycled plastic use. Single-use, non-biodegradable plastics have woven themselves into the fabric of modern life, praised for their efficiency, safety, and versatility. Yet, the shadow they cast on our planet’s health is growing darker.

Read the full article here

Australia: Green Gold - navigating mandatory climate disclosure and ESG strategies

The landscape is quickly shifting for Australian companies in relation to climate disclosure and ESG. In this article, we discuss significant developments in the Australian regulatory landscape and how businesses can prepare.

Read the full article here

Spain: Greenwashing Directives - challenges for Spanish regulations on unfair competition practices and sustainability

The new directive on empowering consumers for the green transition, recently approved, and the proposal for a directive on green claims, which complements the previous one, aim to put an end to greenwashing practices at EU level. This article provides a detailed analysis in relation to the Spanish judicial practice to repress misleading advertising.

Read the full article here

Tax

E-commerce sellers beware: Payment data analysis imminent - ensure your EU VAT is on point

The EU Member States will soon have more options to target and audit e-commerce businesses that have not paid or underpaid EU VAT. This may result in increased tax authority scrutiny risk for e-commerce sellers. This has a broad scope and covers in principle all businesses selling goods or services to EU based consumers from either another EU Member State or a non-EU country. This may include webstores and online platforms, but also physical stores.

Read the full article here

News & Events

Our Retail & Consumer team celebrates Legal 500 EMEA rankings

We are delighted that our Retail & Consumer teams in Belgium, Germany, Italy, The Netherlands and Spain have been recognised in a variety of categories in the latest edition of the Legal 500 EMEA directory. This includes Band 1 rankings in Belgium and Italy for "Industry Focus: Food", and in Spain and Italy for "Industry Focus: Retail".

Many thanks to all of our clients for their support and for taking the time to provide feedback on their experience of working with us.

Webinar: E-Commerce in China – Structuring an Essential Part of Sales

14 May, Webinar

Looking to unlock the immense potential of the Chinese market? Join us for this insightful session where Bird & Bird lawyers will navigate the nuanced and complex legal landscape in China, offering practical considerations for China market entry.

Topics under discussion will include market entry strategy and brand protection, with a special focus on e-commerce as an essential part of the sales ecosystem.

Find out more and RSVP here

Event: Key Trends in UK Competition Law Enforcement

14 May, London

You are invited to our upcoming in-person seminar - an engaging and informative session on the latest cutting-edge competition law issues as seen by regulators and industry experts. Our panel of guest speakers includes:

• Bethan Watts - CMA - Director, and currently interim CEO at the Digital Regulation Cooperation Forum
• Marc Braithwaite - FCA - Manager, Competition Division
• Richard Neville - Warner Bros. Discovery - Vice President, Competition and Regulatory Affairs
• Eliza Petritsi - Deutsche Bank - Director, Antitrust, Global Markets Compliance

We will be discussing the impact of AI, sustainability, and the Digital Markets, Competition and Consumers Bill on enforcement. The discussion will take place under Chatham House Rules.

Find out more and RSVP here

Webinar: Dark Patterns - Recent trends and legislative developments – what do they mean for your business?

21 May, Webinar

We are delighted to invite you to a webinar on the latest developments in dark patterns.

Since the regulation directly prohibiting dark patterns – the Digital Services Act – came into force in November 2022 (and has applied in full across the EU from 17 February 2024), regulatory authorities have come out strongly against such behaviour and will continue to be active in the months ahead. Businesses using online platforms and other digital interfaces must be more careful not to use dark patterns to deceive or manipulate consumers. In this webinar, we will explore:

• The concept of dark patterns under the recent EU legislation, including the Digital Services Act.
• Recent trends in dark pattern enforcement in: Germany, Ireland, France, the Netherlands, Poland and the UK.

Find out more and RSVP here

Event: The ABCs of ESG Impact on the agri-food sector

30 May, Brussels 

We hope you can join us for an interactive round table session on some fundamentals of the E (Environmental), S (Social) and G (Governance) standards and how ESG impacts businesses in the agri-food sector. Join our conversation with ESG stakeholders and specialists as we navigate the sea of acronyms (such as CSRD and CSD3D) that dominates this discipline at the crossroads of legal and corporate governance.

Find out more and RSVP here