Talking Shop May 2024
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Welcome to the May 2024 edition of Talking Shop.
This edition includes the two most recent episodes of our podcast, Retail Therapy, as well as an update on the laws and guidelines relating to green claims in the EU, UK, Australia and Singapore; an exploration of the approach taken in France in relation to environmental labelling; a summary of the reform on the protection of geographical indications for wine, spirits and agricultural products in the EU; and much more.
Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.
View previous editions of Talking Shop
In this edition:
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 5: Cleaning Up Greenwashing: Navigating Retail's Green Claims. When do green claims turn into greenwashing, and what are the legal and reputational issues of this for retailers? Join us as we chat to Constantin Eikel, Partner in our Düsseldorf office, about the “dos” and don’ts” of successful and authentic green marketing initiatives.
Episode 6: What’s in store for retailers selling in or into the Australian retail market? We're joined by Shehana Wijesena, Partner in our Sydney office, to explore this question in light of a shifting legal and regulatory landscape, including how best to navigate anticipated challenges and maintain retail resilience.
Listen to all episodes on Spotify, apple or Soundcloud here
ESG
Global: Green Claims & Greenwashing – A Legal Update
The global call to attain net-zero, and the critical need to transition from business-as-usual, have spawned an exponential growth in the number of green products marketing to an audience eager to join the sustainability bandwagon. However, the disturbing trend of greenwashing has clearly diminished consumers’ and businesses’ confidence in sustainable business practices, products and services even if these are genuinely green. This article provides a non-exhaustive outline of the current laws, codes and guidelines in relation to greenwashing in the EU, UK, Australia, and Singapore.
Europe: From Bean to Bar - Locating and Reporting Cocoa Supply Chain Data Under the EU Deforestation Regulation
The mandatory obligations stemming from the ‘Deforestation Regulation (EU) 2023/1115', which came into force on 29 June 2023, are set to become applicable in all Member States of the European Union on 30 December 2024. Although the Regulation is directly applicable, certain Member States have already proposed draft legislation to further implement the EUDR’s obligations. However, there are concerns about obtaining the necessary supply chain data required by the EUDR or, in a broader sense, for the purpose of ESG due diligence and reporting. In this article, our experts briefly discuss the recent developments regarding the implementation of the EUDR following the publication by the Commission’s guidance on obtaining cocoa supply chain data.
France: Forthcoming Environmental Labelling - Ongoing Public Consultation to Determine Methodology and Format
Environmental labelling aims to inform consumers about the environmental impact of the products and services. Using a value to represent the environmental cost makes it possible to reflect the impact of the various products placed on the market, and thus to help consumers choose products and services with reduced environmental impact and at the same time encourage manufacturers to produce in a more environmentally friendly way. Today, there is no regulatory obligation at European level. For the time being, France has taken the lead in terms of regulation, but it is foreseeable that other European countries will follow in the years to come.
Employment
Hungary: Classification of Food Delivery Platform Workers’ Legal Relationship
The Hungarian Supreme Court has ruled that in the current legal environment, the tasks performed by food delivery workers and their “dependence” on their platform provider cannot be considered an employment relationship. The food delivery worker and the platform provider are in a contractor (service type) legal relationship under Hungarian law. Although the Supreme Court emphasised that its decision relates exclusively to one specific case, the judgment allows further conclusions to be drawn, not only concerning how Hungary governs “platform workers”, but also the issue of reclassification of contractor relationships and employment relationships.
Regulatory
Europe: The Reform on the Protection of Geographical Indications in the European Union
On 23 April 2024, Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, was published in the Official Journal of the European Union. With the new Regulation, the European legislator aims to strengthen and broaden the protection of geographical indications by adopting a single text that will dictate a common and uniform discipline for all geographical indications in the agri-food sector.
New Zealand: Bring out the Wine and Cheese - Enhanced Protection for European GIs in New Zealand
From 1 May 2024, changes to the Geographical Indications (Wine and Spirits) Registration Act 2006 (GI Act) in New Zealand will be enacted, affording European Geographical Indications (GIs) broader protection under the New Zealand law. This is welcome news for European GI (and NZ GI interests – more on that later!) We explain the expanded protection regime below and how GI holders can best utilise it.
Poland: Parliament Passes Law on Products and Services Accessibility
On 26 April, the Polish Parliament adopted a Law on Accessibility Requirements for Certain Products and Services. The Act implements the so-called European Accessibility Act in Poland. The EAA harmonises accessibility requirements for products and services identified as relevant for persons with disabilities and for which there are differences concerning those requirements among EU countries. These include: computers, laptops, smartphones, payment terminals, e-book readers, self-service terminals providing information, e-commerce (online shops), telecommunications, online banking, e-book distribution. Although the Act is not expected to enter into force until 28 June 2025, given the broad scope of the new obligations, businesses should start preparing for it now.
News & Events
Data Protection in 2024: A review of the Year So Far and a look Ahead to 2025
27 June, London
We are thrilled to be running our annual data protection update event at our London office on 27 June 2024. Our experts will be providing an overview of key developments and points to watch in the UK & EU. AI is everywhere - including at our update - where we will delve into the AI Act and AI governance. We'll also be exploring key updates on ad-tech developments.
We're excited to welcome several esteemed guest speakers including Owen Rowland, Deputy Director at the Department for Science, Technology and Innovation (DSIT) who will shed light on UK data protection reform and key data policy initiatives as well as Clara Clark Nevola, Group Manager (Technology) at the Information Commissioner’s Office (ICO) who will delve into ICO guidance surrounding Artificial Intelligence.
