Talking Shop October 2024

Welcome to the October 2024 edition of Talking Shop! This edition includes the latest updates on competition and consumer law in Australia, Italy, the Netherlands and Slovakia, an exploration of AI and wellness, the latest UK employment news, 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 7 November. 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.

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In this edition:

• AI
• Competition & Consumer
• Data Protection
• Employment
• Food Regulatory
• Intellectual Property
• VAT
• News & Events

AI

Embracing AI & Wellness: Where Does the Buck Stop When AI Goes Wrong?

AI is touted as being able to provide personalised recommendations and advice based on an individual’s biometric information, personal preferences and lifestyle – whether in terms of workouts, sleep, diet or even stress management. Whilst AI is set to be a game changer, there have been reports of AI serving up erroneous decisions and less than optimal recommendations.

Read the full article here

Competition & Consumer

Australia: Rotten Deals? ACCC Serves Up Legal Action on Woolies and Coles

On 23 September 2024 the Australian Competition and Consumer Commission announced it had initiated separate legal proceedings against Australia’s two largest supermarket chains, Woolworths Group Limited and Coles Supermarkets Australia Pty Ltd in the Federal Court of Australia. The ACCC alleges that both retailers engaged in misleading conduct regarding their discount pricing, specifically their respective “Prices Dropped” and “Down Down” promotions, in breach of the Australian Consumer Law.

Read the full article here

Italy: Ceci n’est pas a Case About GI Evocation (But About Unfair Competition!)

The Court of Venice ascertains that use of the words “Balsamico di…” and “Ristretto di Balsamico…”, alone or together with “aceto”, for condiments is a breach of Regulation (EU) No 1169/2011 on food labelling and of Italian regulation on vinegar (Law No 238/2016) and constitutes an act of unfair competition pursuant to Article 2598 ff. of the Italian Civil Code.

Read the full article here

Netherlands: ACM Urgently Reminds Businesses of Discount Rules Ahead of Holiday Season

The Netherlands Authority for Consumers & Markets has issued a warning to online businesses with respect to misleading discounts, as Black Friday and the holiday season approach. Misleading consumers with fake discounts can result in fines of up to €900,000 per violation. 

Read the full article here

Slovakia: New Consumer Protection Act

The new Consumer Protection Act in Slovakia repeals and replaces some of the existing consumer protection regulations, in particular Act No. 250/2007 Coll. on Consumer Protection and Act No. 102/2014 Coll. regulating the sale of goods or provision of services under a contract concluded at a distance and off-premises. What does the new legislation mean for you in practice? Take a look at our practical summary.

Read the full article here

Data Protection

Europe: Feeling Unwell After the CJEU’s Lindenapotheke Decision?

Friday, 04 October 2024, was packed with GDPR-related decisions from the Court of Justice of the European Union. Among these is the Lindenapotheke case, C-21/23, where the Court examined whether personal data provided in the course of online orders of non-prescription pharmacy-only products constitutes data concerning health.

Read the full article here

Employment

Australia: Work Safety Incidents - Worker Error and Employer Responsibility

When a major work safety incident occurs and worker error is suspected, employers are often found questioning how this impacts its own liability under work health and safety legislation. This concern becomes even more pressing when the employer must respond to an investigation by a work safety regulator into the incident.

Read the full article here

UK: Employment Updates for the Retail & Consumer Sector

The Government’s Employment Rights Bill and the accompanying Next Steps policy paper set out a vast framework of enhanced worker rights. We highlight several key aspects of the Bill that retail employers will need to navigate. We also highlight a number of recent high profile cases involving retailers, and provide a reminder that from 26 October 2024, all employers (regardless of size) have a proactive and mandatory duty to take reasonable steps to prevent sexual harassment of their employees.  

Read the full article here

Food Regulatory

France: Vegan Bacon Back on the Shelves

After two years of uncertainty, plant-based food lovers can rejoice: soy steaks, corn bacon, and lentil sausages are set to return to French supermarket shelves. Despite attempts by French legislators to ban the use of animal-related terms for plant-based products, these efforts have been overturned by both French courts and the Court of Justice of the European Union.

Read the full article here

Intellectual Property

Australia: Complaint Denied - What is the Role of the .au Dispute Resolution Policy in Complex Trade Mark Disputes? 

An Administrative Panel has denied a complaint brought by Interpump Group SPA against Colussi Engineering Pty Ltd in respect of .au domain names relating to Interpump branded products sold by Colussi in Australia. The decision is an important reminder of the limits of domain name disputes and their role within broader trade mark infringement and contractual disputes.

Read the full article here

VAT

Europe: New Rules For Livestreaming, Virtual Events, Small Businesses, and Art Sales Starting 1 January 2025 - Three Key Insights

Starting 1 January 2025, the European Union will introduce new VAT rules for livestreaming and virtual events, small businesses, and art sales. These changes will impact businesses in the consumer and technology sectors, including media, entertainment and sports businesses, online platforms, and auctioneers. Here are three key insights to help you prepare.

Read the full article here

News & Events

Retail & Consumer Annual Update: Navigating Online & Brand Challenges for Consumer-Facing Businesses

7 November, London

Save the date for this year’s Retail & Consumer Annual Update!

Specialists from Bird & Bird’s Business-to-Consumer and Technology teams will be joined by industry experts to share the latest insights on business-critical hot topics impacting the Retail & Consumer sector, including key developments in the online consumer landscape. This event will be crucial as you navigate the online and brand challenges facing your business.

The full agenda and speakers will be released soon – RSVP now to secure your spot!