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B2C contracts and clickwrap terms: the £1 million lottery case and what you can learn from it

A recent dispute over whether a consumer had won £1 million in an online game has some important lessons for B2C businesses and their online terms and conditions, particularly when errors or software glitches occur. Ariana Shaw, a trainee in our Technology & Commercial Transactions team, provides a visual guide to the case, which involved the former National Lottery operator Camelot.

The FCA and Bank of England's "strategic approach" to AI – what it means for regulated firms

On 22 April 2024, the Financial Conduct Authority (FCA) and the Bank of England (including the Prudential Regulation Authority (PRA), together the Bank) published updates on their approach to artificial intelligence (AI). The FCA's update is available here and the Bank's update is available here.

UK signs Hague 2019 convention – what are the implications?

On 12 January 2024, the UK government signed the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague 2019), a framework of rules facilitating the recognition and enforcement of civil and commercial judgments between contracting states. The contracting states to Hague 2019 are currently all EU member states except Denmark, plus Ukraine and Uruguay.

Drafting B2C contracts: the million pound "click-wrap" question

After a software glitch incorrectly showed that a player had won £1 million in an online game, the Court of Appeal has ruled that former National Lottery operator Camelot did not need to make the £1 million payout, based on its "click-wrap" terms and conditions. What lessons does this hold for other B2C businesses, particularly when the contract is made online?

Green claims: prepare for tougher EU rules on promotion of products and services

The EU is pursuing a number of measures intended to combat misleading environmental claims about products and services aimed at consumers. These initiatives underline the need to ensure that the evidential basis for any green claims is robust.

DORA: time to review your ICT contracts

The EU Regulation on Digital Operational Resilience (DORA) will apply from 17 January 2025 to most financial entities in the EU. DORA's increased focus on third-party risk management includes detailed requirements for provisions that must be included in existing and new ICT contracts.

Situation critical: Proposed new rules to regulate Critical Third Parties

Following the entry into force of the Financial Services and Markets Act 2023 ("FSMA 2023"), the Bank of England, FCA and PRA (the "Regulators") are consulting on new rules and a joint Supervisory Statement on their new powers to regulate critical third parties ("CTPs") which are designated by HM Treasury because of their systemic importance to authorised firms and financial market infrastructures ("FMIs"). This significant expansion of the Regulators' supervisory remits will usher in an entirely new era for CTPs, which (including those that are not based or even incorporated in the UK) will need to comply with a range of rules on governance, operational continuity and regulatory engagement as well as other areas.  

Liability: has the Court of Appeal breathed new life into UCTA?

It is relatively rare for contractual limitations of liability to fall foul of the Unfair Contract Terms Act 1977 (UCTA) – so you could be forgiven for thinking that businesses don't need to be too concerned about UCTA. But a recent ruling by the Court of Appeal challenges some commonly held assumptions about the legislation and may mean that it becomes more of an issue in future – particularly for suppliers using standard terms.

The EU Data Act has come into force - scoping the impact for data holders

The EU Data Act (EDA), which sets out new data sharing rules that will apply in respect of connected products, came into force on 11 January 2024. While its provisions will not be applicable for a while yet, businesses are likely to need the intervening period to scope out, and plan for, the impact that the EDA will have on their product designs, commercially sensitive information, terms and conditions, costs and GDPR compliance.

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