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Misleading Advertising - a recent ASA decision

The ASA Council (Non-broadcast) has recently held a retailer in breach of the CAP Code for having insufficient stock to meet anticipated demand.  It found that internet retailer, Simply Be, has breached the CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 16.4 (Availability of products), 27.4 (Sales promotion rules) and 30.1 (Availability), by an email it [...]

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Posted: August 23rd, 2010 under Business Advisory Services, Business Regulation, Competition Law & Regulatory, Contract, Corporate Defence & Prosecution, Dispute Management, Miscellaneous.
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The benefit of having a data protection policy

A T-Mobile employee, who stole customer data from T-Mobile and sold it on to one of their competitors, was prosecuted recently in relation to this data theft and breach of s55 of the Data Protection Act which prohibits the unlawful obtaining of data.  T-Mobile itself escaped punishment by reason of the fact that they had [...]

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Posted: August 20th, 2010 under Miscellaneous.
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Over-selling in tender discussions - BSkyB v EDS

Below is a summary of the BSkyB case against EDS, which eventually settled with EDS (now HP) paying BSkyB £318million, against BSkyB’s claim for around £700million.  The case is a warning to all IT and management consultancy firms, to train their staff in the effects of over-promising during a tender process.  BSkyB issued an invitation [...]

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Posted: August 20th, 2010 under Miscellaneous.
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Whose law applies?

In a contract between parties situated in different countries, whose law applies? The answer is usually straightforward where the parties have signed a contract which states which law is to apply. In such cases, or where it can be implied that they have chosen a particular country’s law, the chosen law applies. However, in cases [...]

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Posted: October 7th, 2009 under Business Advisory Services, Contract.
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New tougher sanctions for breaches of the Data Protection Act

The Information Commissioner’s Office has recently been given the power to impose substantial fines on organisations that deliberately or recklessly commit serious breaches of the Data Protection Act. There have been warnings that, in the future, prison sentences may even be imposed. In a report by the Information Commissioner’s Office last year, the [...]

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Posted: August 20th, 2008 under Business Advisory Services.
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