Talking Shop November 2024
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the November 2024 edition of Talking Shop!
This edition includes information about Bird & Bird's new AI Act Guide, IP case updates, an exploration of why Corporate PPAs are important to the Retail & Consumer sector, and much more!
In the News & Events section we have included more information about our upcoming Retail & Consumer Annual Update, taking place in-person in London on 14 January. We're excited to be joined by guest speakers from McDonald's, the Competition and Markets Authority and Gough Square Chambers. Find out more below, and RSVP here!
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:
- Spotlight on The Neurodivergent Customer Experience
- AI
- Advertising & Marketing
- Competition & Consumer Law
- Data
- Energy
- Franchising
- Intellectual Property
- Tax
- News & Events
Spotlight
UK: Retail Reality Check - The Neurodivergent Customer Experience
According to NHS and ACAS statistics, one in seven people in the UK has a neurodiversity diagnosis - and yet many neurodivergent customers report that they find in-store and/or online shopping to be an unenjoyable experience that they prefer to avoid, or worse, unavailable to them based on their needs. Although it is apparent that progress is being made in terms of retailers trying to accommodate neurodiversity, there is still a lot more that can be done to actively embrace it and make retail environments, both online and offline, more adaptable.
AI
European Union Artificial Intelligence Act Guide
The European Union has introduced the AI Act, a regulatory framework designed to oversee the development, deployment and use of AI across Europe, setting a global standard with its proactive approach to ethical and responsible AI development. To help you navigate the complexities of the AI Act, our experts have created a guide, summarising key aspects of the new Regulation and highlighting the most important actions organisations should take to ensure compliance.
Advertising & Marketing
Women’s Sport Series: Podcast Summary - Sportswomen in the Retail Game
Retail overlaps and sponsorship opportunities in the world of women’s sport have soared in recent years, with collaborations such as tennis star Emma Raducanu securing luxury brand deals with the likes of Dior and Tiffany & Co. Moreover, not only did the Paris Olympics 2024 feature more female athletes than ever, but various beauty brands competed for attention through sponsorships and collaborations throughout the Games. We summarise the insights shared in a recent episode of our Retail Therapy Podcast, where we discussed the opportunities that women’s sport presents for the world of retail.
UK: ASA Demonstrates an Increasing Focus on Online Choice Architecture
As part of a wider piece of work on online choice architecture, the ASA has recently published two key rulings finding the advertisement of (1) a pair of trainers, and (2) renewed subscriptions for streaming services misleading. We consider these rulings, assessing what the decisions mean for advertisers going forward.
Competition & Consumer Law
Finland: The Finnish Retail Alcohol Market is Being Liberalised
The objective of the Finnish Alcohol Act (1102/2017, as amended) is to reduce the consumption of alcoholic substances by restricting and supervising the trade and commerce related to alcohol, in order to prevent harm caused to alcohol users, other people, and society as a whole. On a European level, Finland's alcohol policies are considered relatively stringent compared to those of other European countries. The government is aiming to reform Finland’s alcohol policy in a responsible manner to bring its policies more in line with the alcohol policy in other European countries.
Poland: New Consumer Rights in the Polish Electronic Communications Law
On 10 November 2024, most provisions of the Electronic Communications Law will come into force. The act, often referred to as the ‘constitution of the telecommunications market,’ covers a wide range of issues, including those relevant to consumer protection. The ECL will replace the Telecommunications Act in Poland and implement two European Union Directives. In comparison to the Telecommunications Act, the ECL will apply to a wider group of entities in addition to the traditional telecommunications services sector. Providers of electronic communications services must fulfil selected new consumer protection obligations.
Data
European Commission Answers Frequently Asked Questions on the Data Act
On 6 September 2024, approximately one year before the majority of the Data Act’s provisions begin to apply, the European Commission published a comprehensive FAQ document on the Data Act. The FAQ is the result of extensive stakeholder engagement.
UK Data Reform: What’s Proposed
The UK’s latest effort to reform data protection law began on 23 October 2024 with the first reading of the Data (Use and Access) Bill in the House of Lords. The new Bill still envisages a significant number of changes to UK data protection law. We have set out a comprehensive summary of the changes to data protection law which are proposed. Many organisations will have benchmarked their privacy programmes against GDPR, so we have indicated whether the changes will make life easier, or more difficult, by comparison with GDPR.
Energy
Global: Why are Corporate PPAs important for the Retail & Consumer sector?
Corporate PPAs are becoming increasingly prominent for global businesses, driven largely by their environmental and economic advantages and are a valuable tool for Retail & Consumer businesses. These PPAs are particularly useful for businesses which are high consumers of energy – for example hotel chains, manufacturers and “big box” retailers, as they allow such businesses to purchase power on a long-term basis, directly from renewable energy generators without having to physically exist in the same location.
Franchising
Belgium: Back to the Drawing Board - Belgian Precontractual Information Requirements for Franchise Agreements Undergo Another Amendment
Effective from 1 March 2025, a new Royal Decree amends the precontractual information requirements for ‘commercial partnerships’ (mainly franchise agreements), as published in the Belgian Official Journal on 11 September 2024. This follows a similar change just six months prior, as the Federal Government now aims to ensure better information for the franchisee about the competitive landscape and any anticipated expansion plans or necessary periodic investments.
Intellectual Property
Australia: Bed, Bath & Actually Not Misleading After All – the Full Court Unanimously Overturned the Primary Judge’s Finding That “HOUSE BED & BATH” Was Misleading
On 31 October 2024, in a loss for Bed Bath ‘N’ Table (BBNT), the Full Court of the Federal Court unanimously held that the “HOUSE BED & BATH” mark (House B&B mark) was not misleading or deceptive and did not infringe the “BED BATH ‘N’ TABLE” mark (BBNT mark). The passing off claim was also dismissed and the primary judge’s injunction was set aside. We take a closer look at the Full Court’s decision and outline some key takeaways for traders wishing to protect their trade marks.
Australia: It Takes All Kinds – the Federal Court Issues a Decision on Moccona and Vittoria’s Trade Mark Dispute Over the Use of Coffee Jars, Dismissing the Infringement Claim and Cross-Claim for Cancellation
In a country where coffee culture reigns supreme, it comes as no surprise that coffee products are often the subject of litigation in Australia. Most recently, two major coffee producers in Australia – Koninklijke Douwe Egberts BV (KDE), who sells coffee under the “Moccona” brand, and Cantarella Bros Pty Ltd (Cantarella), who sells coffee under the “Vittoria” brand – came head-to-head in the Federal Court, fighting over the right to use their respective coffee jars.
UK: Muddying the Waters of Copyright – a Rapid Reaction to the IPEC Decision Which Sees the Sinking of the WaterRower’s Claims for Copyright Protection
Should the rowing machine below be protected by copyright in the same way as an iconic piece of art or music? That was the question which was recently resolved in WaterRower v Liking 2024 EWHC 2806 (IPEC), the latest in a line of UK cases testing the outer limits of what can be protected by copyright.
Tax
Europe: VAT in the Digital Age – 10 Key Insights For Success
The European Union’s VAT in the Digital Age initiative (“ViDA”) reached a political agreement on 5 November 2024. With major changes to the EU VAT rules coming soon, it’s important for both EU and non-EU businesses to start preparing now. We share 10 key insights on what you need to know, what you need to do and how Bird & Bird can help you succeed.
UK: Autumn Budget Update
In last month’s Autumn Budget 2024, there were some important announcements for the UK retail sector, including publication of a new discussion paper on significant reforms to the UK’s business rates regime, a subject high on the agenda for major high street retailers urging for a fairer system. A new consultation will also be launched next year on e-invoicing that needs to be closely monitored as to how it could impact contracts and invoicing across retail supply chains.
Read our Autumn Budget 2024 update here
UK: Crackdown on Umbrella Company Tax Avoidance - What Retail & Consumer Businesses Need to Know
In her first budget, Rachel Reeves announced significant reforms aimed at tackling tax avoidance. A key focus of these reforms is the regulation of umbrella companies. The new regulations, coming into effect in April 2026, are designed not only to protect workers, but also aim to save HMRC approximately £2.8 billion by curbing umbrella company non-compliance by 2030. We explore the key changes, their potential impact and the steps businesses will need to take to stay compliant.
News & Events
Retail & Consumer Annual Update: Navigating Technology and Consumer Law Challenges
14 January, London
We are delighted to invite you to this year’s Retail & Consumer Annual Update! Specialists from Bird & Bird’s Business-to-Consumer and Technology teams will be joined by industry experts from the Competition and Markets Authority, McDonald's and Gough Square Chambers to share the latest insights on business-critical hot topics impacting the Retail & Consumer sector, including key developments in the consumer landscape and the challenges of using technology effectively within consumer-facing businesses.
This event will be crucial as you navigate the consumer and technology challenges facing your business.
RSVP now to secure your spot!
Cyber Resilience Act: How Companies Can Prepare for Stricter Cybersecurity Requirements
5 December, Webinar
The Cyber Resilience Act was adopted by the European Council on 10 October 2024, marking a significant milestone in Europe’s cybersecurity landscape. In the coming weeks, the legislative act is expected to be signed by the presidents of the Council and the European Parliament and published in the Official Journal of the European Union.
This regulation addresses the growing vulnerabilities associated with the rapid expansion of digital products and services. We will cover the extensive scope of the CRA and explore its key objectives, such as reducing vulnerabilities in digital products and minimising potential cyber threats.
