Legal and Regulatory News
Updates on the latest legal and regulatory developments
The Competition and Markets Authority (“CMA”) has announced that it is launching an investigation into online gambling operators amidst fears of consumer law breaches. The investigation will form part of a joint programme of work with the Gambling Commission (the “Commission”), following in the wake of concerns raised by the Commission earlier this year surrounding the fairness of licensees’ consumer-facing terms.
21 October 2016
In the case of British Gas Trading Limited v Lock and another the Court of Appeal has confirmed that the Working Time Regulations 1998 (“WTR”) can and should be read to require employers to include certain results-based commission paid to workers when calculating the rate of pay for the basic statutory four weeks’ holiday entitlement.
14 October 2016
The Advertising Standards Authority (ASA) has published a ruling against William Hill for failing to make clear in the body of one of its ads that a free bet offer applied only to bets of certain odds.
11 October 2016
The President of the Employment Tribunals (England and Wales) has issued guidance setting out the protocol for 'judicial assessment' of a claim and a response as part of Employment Tribunal proceedings.
05 October 2016
Two British men face criminal charges for offences committed under the Gambling Act 2005, in what is thought to be the first ever criminal prosecution involving video games gambling.
27 September 2016
This month, the Advertising Standards Authority (ASA) has published three rulings against Coral Interactive (Gibraltar) Ltd in respect of its advertisements. The first two rulings relate to adverts created as part of Coral Interactive's Euro 2016 campaign and illustrate the importance of ensuring that gambling promotions are not contradictory and do not cause any unnecessary disappointment.
26 September 2016
The dispute between streaming website TVCatchup ("TVC") and three UK television broadcasters (ITV, Channel 4 and Channel 5) has been running for 7 years now, with no immediate end in sight. Our earlier reports on these proceedings, in which Olswang acts for all three broadcasters, can be found here and here.
15 September 2016
Injunctions update - Summer 2016
14 September 2016
For both individual web users and commercial online businesses, linking to third party content is essential, especially in the age of social media. But by linking to copyright content, does the user risk infringing it by unlawfully "communicating it to the public"?
13 September 2016
The Gambling Commission recently published a discussion paper, considering issues surrounding virtual currencies, eSports and social gaming. Anna Soilleux-Mills, senior associate at Olswang, and Alasdair Lamb, associate at the firm, examine some of the issues raised.
09 September 2016
During the course of last month, the Advertising Standards Authority (ASA) published various rulings against gambling operators, highlighting the potential pitfalls that advertising gambling can pose.
06 September 2016
Litigation and Arbitration: the top things you need to know - September 2016
01 September 2016
On 24 August, the UK’s Advertising Standards Authority (‘ASA’) upheld a complaint against an email advert sent by Ladbrokes, which featured imagery and text relating to the film Iron Man 3. The ASA found that the ad breached CAP Code rules 16.3 and 16.3.12 as the ASA considered that the Iron Man character’s ‘comic book nature, and the availability of various related toys, meant [the ad] was likely to have particular appeal to children and young people.’
31 August 2016
This summer the gambling industry has had some insight into what the Gambling Commission's current and future priorities are when it comes to regulation. This came in the form of the Gambling Commission's Annual Report for 2015/16 and Philip Graf's departing speech as Chairman of the Gambling Commission at the RSA in July. Both of these provide some insight into what we can expect to see in the coming year and it is apparent that issues around protecting consumers are likely to remain at the forefront of the Gambling Commission's mind. As (in the words of Graf) gambling becomes a "normalised" activity it is interesting to look at how the Gambling Commission hopes to engage and work with operators to protect consumers in an ever more digitalised world. The threat of tougher enforcement action against operators and personal licence holders also looms on the horizon.
24 August 2016
The following is an update on the ASA's ruling on a promotion produced by ElectraWorks Limited (t/a Bwin).
23 August 2016