Talking Shop February 2025
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 February 2025 edition of Talking Shop!
This edition includes a spotlight on the UK Digital Markets, Competition and Consumers Act; updates from the Australian Competition and Consumer Commission; an exploration of the interplay between reputation and trade mark laws in Singapore; and much more!
In the News & Events section you can find information about the next in our series of webinars on the Ecodesign Regulation, and an in-person event in London on franchising and doing business in the Middle East
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:
- Spotlight on the UK Digital Markets Competition and Consumers Act
- Advertising, Marketing & Consumer Law
- Dispute Resolution
- Intellectual Property
- Real Estate
- Regulatory
- News & Events
Spotlight on the UK DMCCA
What the DMCCA Means for Your Business
The Digital Markets, Competition and Consumers Act 2024 introduces a landmark enforcement regime for UK consumer law and important changes to the UK’s subscription contract regime. Key new provisions include empowering the Consumer and Markets Authority to impose fines based on group annual turnover and the discretion to offer businesses the opportunity to settle by admitting the relevant consumer law infringement for reduced penalties.
A New Model for Consumer Law Enforcement
The advent of the DMCC Act brings a significant change in consumer enforcement. The UK will – most likely from April 2025 – move to an administrative model for consumer law enforcement. Most notably, the CMA will be empowered to impose fines directly on businesses for consumer law infringements of up to 10% of global group annual turnover. The onus is then on the alleged infringer, if it wishes, to appeal the fine in the courts.
Find out more in our Consumer Enforcement brochure. Access here.
How Can Bird & Bird Help?
Our team of regulatory experts is here to help you understand the implications of this complex legislation, with guidance that is tailored to your business model and sector.
Find out more about the DMCC Act and how our team can support you by visiting our dedicated webpage.
Advertising, Marketing & Consumer Law
Australia: When ‘Ocean Bound’ Claims Sink – ACCC Agrees to $8.25 Million Penalty Against Clorox for Alleged Greenwashing Practices
Greenwashing litigation has been a hot topic over the last 12 months with Australia’s regulators taking proactive steps to seek civil penalties against companies engaging in greenwashing conduct. Though ASIC dominated the headlines last year with the successful penalties it obtained for greenwashing, the ACCC has joined the party in 2025, having agreed to a civil penalty of $8.25 million against Clorox Australia over the composition of its ‘50% Ocean Bound Plastic Recycled Bags’.
Read the full article hereAustralia: ACCC's Sweeping Investigation Exposes Dubious e-Commerce Returns
A key 2024-25 compliance and enforcement priority for the Australian Competition and Consumer Commission is improving industry compliance with consumer guarantees. Until now, particular focus has been on consumer electronics and misconduct by retailers in connection with delivery timeframes. As investigations continue, the ACCC conducted a sweep of more than 2,000 Australian online retailers to identify misleading practices that could deceive consumers about their rights to refunds, exchanges, and returns.
Read the full article hereThe Netherlands: Key Update on Alcohol Advertising
There has been a minor update to the guidelines in Article 32 of the Dutch Advertising Code for Alcoholic Beverages (RVA), specifically regarding the display of the 'NIX18' logo. All alcohol advertisements in the Netherlands must display the 'NIX18' logo, ensuring that the logo is clearly visible. The updated guidelines in Article 32 specify that the logo should be isolated from the body of the text and placed horizontally to draw attention.
Dispute Resolution
UK: English High Court Flexes its Pro-Mediation Powers in Commercial Disputes
In late 2023, we reported that in a landmark judgment the Court of Appeal had confirmed that the English Courts can order parties to attempt mediation to resolve their dispute before proceeding via court. We can now update you on the first reported High Court decision exercising those powers, in a way more wide-ranging than before.
Intellectual Property
Singapore: When a Mark’s Reputation Precedes It: Considerations for Owners of Reputable Brands
For most business owners, building a strong brand reputation would be desirable. One may even be tempted into thinking that brand reputation translates to brand monopoly. However, paradoxically, a strong mark reputation can sometimes adversely impact brand enforcement efforts against third-party marks (e.g. in infringement or opposition proceedings). We unpack the interplay between reputation and trade mark laws with reference to several recent decisions, and distil some practical takeaways for brand owners.
Real Estate
Germany: German Bureaucracy Relief Act IV - Text Form Replaces Written Form in Commercial Leases in Future
The German Bureaucracy Relief Act IV (BEG IV) brings with it a significant innovation for the commercial lease market – including the retail and hotel lease market –: the abolition of the statutory written form requirement under German law for commercial leases. Commercial leases that are not concluded in text form for a term of more than one year are deemed to have been concluded for an indefinite term. The written form requirement for residential lease agreements with a term of more than one year remains unaffected.
Regulatory
The Netherlands: New NVWA Guidance - Handbooks on Enzymes, Flavourings, and Additives
The Netherlands Food and Consumer Product Safety Authority (NVWA) has recently published regulatory guidance, introducing two new handbooks on food enzymes and food flavourings, alongside a revised version of the existing handbook on food additives. The NVWA aims to help food manufacturers navigate compliance requirements more efficiently.
News & Events
Webinar: How Can You Prepare for the New Ecodesign Regulation?
11 March, 10.00 GMT, Online
The new Ecodesign Regulation sets the framework for significantly stricter sustainability obligations covering the entire life cycle of virtually all physical products marketed in the EU. To help you understand and prepare for these upcoming changes, we're hosting a series of workshops focused on the product groups that will be prioritised for setting concrete Ecodesign requirements.
In this second session of our webinar series, we will be focusing on the fashion and furniture sectors to help your business prepare for these upcoming changes. We will dive deeper into the ecodesign requirements that can be expected for these sectors and will discuss how to make the most of the new obligations surrounding the Digital Product Passport. Of course we will also talk you through the ins and outs of the upcoming ban on the destruction of unsold consumer products, which will apply to apparel, clothing and accessories as of 19 July 2026.
In-Person Event: Franchising and Doing Business in the Middle East
18 March, 16.00 GMT, London
The attraction of franchising as an international growth strategy continues to increase. Over the last 10-15 years the Middle East and in particular the UAE has been a popular destination for UK and US businesses across multiple sectors, including education, retail, and hospitality & leisure. In recent years Saudi Arabia has become a key territory in the region – and for some businesses leapfrogging the UAE in terms of being the first Middle East territory to enter.
During the seminar you will hear from Lucy Graham (Legal Counsel, Operations & Asset Management at Marriott International), Emma John (Head of Global Franchising at Pret) and Robin Rowland OBE (Partner at TriSpan (owner of brands including Pho Restaurants, Rosa’s Thai Café, Mowgli Street Food and Thunderbird Fried Chicken) as well as former CEO of YO! Sushi and former Non-Executive Director at eathos). Lucy, Emma and Robin will share their first-hand experiences of having successfully expanded in the Middle East. Bird & Bird’s Head of IP & Franchising & Distribution for the Middle East, Melissa Murray, will also share her insights from almost 20 years of supporting businesses entering and operating in the Middle East.
