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The digital markets act

Olartemoure Blog

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

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CARU’s Revised Guidelines Are Not Kid-ding Around

LexBlog IP

The Children’s Advertising Review Unit (CARU) recently held their “Kidvertising” workshop to discuss the revised CARU Advertising Guidelines , which are set to take effect on January 1, 2022. Advertising should not portray or encourage negative social stereotyping, prejudice, or discrimination.”

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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue.

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The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. Second, the SAD Scheme is swallowing up the rest of trademark law.

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The Danger of Dark Patterns

LexBlog IP

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

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Now Is Really the Time to Pay Attention to Dark Patterns – Seriously

LexBlog IP

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. Well for starters, attention to dark patterns has migrated from workshops, speeches and press releases to complaints and a consent order.

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Auld Lang Syne 2021 – Significant Events of the Past Year

LexBlog IP

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. It is more common than not for an advertiser to contest the track the challenger has selected, and we are already seeing more appeals and more referrals from these new tracks.