Talking Shop November 2025

Our spotlight this month is on green claims, with a look at the Empowering Consumers Directive and our AI scanner tool for fast compliance. We also cover competition enforcement across Europe, recent French and UK case law, new guidance on soft opt‑in consent and the Digital Omnibus package, plus updates on pay transparency, deforestation rules, greenwashing and wider developments in retail payments, franchising, trademarks and design law.

In the News & Events section you can find details of our upcoming webinar Omnibus Unpacked, examining the Commission’s latest proposals on GDPR, data protection and cybersecurity.

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 Green Claims
• Competition Law
• Consumer Law
• Commercial Law
• Data Protection
• Employment Law
• ESG
• Financial Regulation
• Franchising & Distribution
• Intellectual Property
• News & Events

Spotlight on Green Claims

Automated Green Claims AI Scanner – fast‑track to ECD compliance 

From 27 September 2026, the Empowering Consumers Directive (ECD) will apply across the EU with no transitional or grandfathering period. Businesses must ensure past, present and future environmental and social marketing claims, across websites, product pages and online shops, meet the new rules or risk cease‑and‑desist letters, injunctions, significant fines and reputational damage. Our Green Claims AI Scanner combines automated web crawling with expert legal review to pinpoint and prioritise updates. The result: clear, actionable recommendations to get you ECD‑ready fast. 

Read the full article here

Competition Law

2025 and no end to the trend: Europe’s unbroken focus on vertical restraints

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German Federal Cartel Office targets Temu over marketplace pricing practices

The German Federal Cartel Office has opened proceedings against Temu, examining whether its marketplace pricing practices distort competition. The investigation focuses on how sellers are incentivised or restricted when setting prices, raising questions about fairness and transparency in fast‑growing online platforms. With regulators across Europe sharpening their focus on digital marketplaces, this case could set important precedents for e‑commerce operators.

Read the full article here

UK: CMA launches major consumer enforcement drive focused on online pricing practices

The CMA has launched a major enforcement drive targeting online pricing practices, with a particular focus on drip pricing, misleading discounts and other tactics that can distort consumer choice. The initiative signals a step‑up in scrutiny of how retailers present prices and promotions in digital environments, and comes with a clear warning that non‑compliance will lead to action. For businesses operating online, this marks a critical moment to review pricing strategies, ensure transparency, and avoid practices that could be deemed unfair

Read the full article here

Consumer Law

France: Consumer right of withdrawal for distance sales of motor vehicles - Recent French Case Law Development

Recent French case law has clarified how the consumer right of withdrawal applies to distance sales of motor vehicles. The rulings examine whether buyers can cancel contracts concluded online or at a distance, and under what circumstances exceptions may limit that right. The decisions highlight the tension between protecting consumers in high‑value purchases and ensuring certainty for automotive dealers. By setting clearer boundaries, the courts are shaping how withdrawal rights will be interpreted in the context of modern vehicle sales.

Read the full article here

Commercial Law

UK: Contractual terms under the spotlight - Court of Appeal considers implied terms about price, and what constitutes a condition precedent

The Court of Appeal has revisited the thorny issue of implied terms in contracts, focusing on how price is determined when agreements leave gaps or use ambiguous language. The judgment sheds light on when courts are willing to step in and imply obligations, and how far parties can rely on commercial context to fill the blanks. By examining both the limits of judicial intervention and the risks of unclear drafting, the case offers important guidance for anyone negotiating contracts where pricing and payment structures are not fully spelled out. 

Read the full article here

UK: Memorandums of Understanding – are they legally enforceable?

The High Court has considered whether a memorandum of understanding can give rise to binding obligations, in the case of Cohen v River Rock European. The judgment explores how far informal agreements and preliminary documents may be treated as enforceable contracts, particularly when they contain provisions on price or performance but stop short of full formalisation. By analysing the language used and the commercial context, the court provides guidance on when parties risk being held to terms they thought were non‑binding. This decision offers a timely reminder of the importance of clarity when drafting MoUs and other early‑stage agreements.

Read the full article here

UK: Testing the scope of third-party rights – Are there any limits to the terms that third parties can enforce?

The Court of Appeal has been asked to consider the reach of third‑party rights under the Contracts (Rights of Third Parties) Act, testing how far non‑signatories can enforce terms agreed between contracting parties. The case examines whether limits can be placed on the scope of those rights, and how drafting choices affect the balance between contractual freedom and statutory protection. By analysing the boundaries of enforceability, the judgment provides fresh insight into how businesses should approach clauses that confer benefits beyond the immediate parties. 

Read the full article here

Data Protection

EU Digital Omnibus package: Major changes to the Data Act proposed

The European Commission has unveiled its Digital Omnibus Package, proposing significant changes to the Data Act. The reforms aim to streamline overlapping rules, clarify obligations for data sharing, and strengthen enforcement mechanisms across the EU. Key updates include adjustments to contractual fairness provisions, new safeguards for SMEs, and tighter requirements around interoperability. With the Data Act already reshaping how businesses handle and exchange data, these proposals mark another step toward a more integrated digital regulatory framework in Europe

Read the full article here

Employment Law

Europe: Pay Transparency - The Road to Compliance

The EU Pay Transparency Directive is set to transform how employers handle recruitment and remuneration, introducing mandatory disclosure of salary ranges, stricter reporting on pay gaps, and enhanced rights for employees to access pay information. These obligations will require significant changes to HR and compliance processes across Europe. To help businesses prepare, Bird & Bird has developed a practical checklist that breaks down the key steps to compliance, from reviewing contracts to updating internal policies. It offers a clear roadmap through a complex area of employment law and is designed to support teams in getting ahead of enforcement.

Access the checklist here

ESG

Europe: Deregulating Deforestation – Real effective simplification or playing regulatory Jenga?

The EU’s latest move to simplify deforestation rules has sparked debate over whether deregulation delivers clarity or simply creates new risks. While the proposals aim to reduce compliance burdens for businesses importing agricultural and forestry products, critics warn that loosening requirements could undermine environmental protections and consumer trust. The article explores how the reforms balance efficiency against accountability, and whether this “regulatory jenga” approach risks destabilising the wider ESG framework.

Read the full article here

Europe: EUDR update - Council proposes pragmatic approach to postpone and simplify the application

The Council of the European Union has proposed delaying and simplifying parts of the EU Deforestation Regulation to ease compliance pressures. The changes aim to balance environmental goals with practical concerns from industries managing complex supply chains, offering businesses more time and clearer requirements as they prepare.

Read the full article here

Greenwashing in France: Conviction for environmental claims deemed misleading

A recent French judgment has condemned the use of environmental claims considered misleading, reinforcing the heightened scrutiny applied to sustainability communications. The decision illustrates how consumer protection law is being deployed to assess the accuracy of ecological messaging and the evidentiary standards required to substantiate such claims. It signals a more rigorous approach to greenwashing allegations, with implications for how companies frame and document their environmental commitments.

Read the full article here

Financial Regulation

UK: A new strategy announced aiming to transform UK Retail Payments Infrastructure

The UK Government has unveiled a new strategy to overhaul the retail payments infrastructure, aiming to deliver faster, more secure and more resilient systems for consumers and businesses alike. The proposals set out plans to modernise core payment rails, encourage innovation in digital transactions, and strengthen safeguards against fraud. With retail payments forming the backbone of everyday commerce, this initiative signals a significant shift in how the UK intends to future‑proof its financial ecosystem.

Read the full article here

Franchising & Distribution

Australia: Half-baked compliance - The evidentiary burden for establishing franchisor liability for franchisees’ contraventions

Australian courts are sharpening the evidentiary standards for establishing franchisor liability when franchisees fall short of compliance. Recent cases highlight how regulators and judges are probing the extent of control franchisors exercise over day‑to‑day operations, and whether that influence translates into responsibility for breaches. The article explores the fine balance between providing brand oversight and avoiding exposure to liability, showing how “half‑baked” compliance frameworks can quickly unravel under scrutiny.

Read the full article here

Intellectual Property

China: The CNIPA Notice on strengthening trademark use management

China’s National Intellectual Property Administration has issued a new notice aimed at strengthening trademark use management, signalling tougher oversight of how marks are registered and maintained. The guidance places greater emphasis on genuine use, clearer record‑keeping, and stricter checks to prevent bad‑faith filings. It also outlines measures to improve transparency in enforcement and ensure that rights holders demonstrate active use of their marks. For businesses operating in China, the changes mark a shift toward closer monitoring of trademark portfolios and a more demanding evidentiary burden in disputes.

Read the full article here

Germany: The reform of EU design law – Fast protection for fast fashion

The reform of EU design law promises faster and more flexible protection, with particular relevance for industries like fashion where speed to market is critical. The proposals aim to simplify registration procedures, reduce costs, and strengthen enforcement against copycat designs. They also introduce clearer rules for digital products and 3D printing, reflecting how design rights are evolving in a tech‑driven economy. The changes highlight how design protection is being reshaped to keep pace with innovation and rapid product cycles across Europe.

Read the full article here

News & Events

Webinar: Omnibus Unpacked - GDPR, Data Protection & Cybersecurity in the New Digital Regulation Chapter

2 December, 16:00-17:00 GMT

On 19 November 2025, the European Commission unveiled a ‘Data Omnibus’ proposal, as part of an ambitious ‘Digital Omnibus’ package designed to simplify the EU’s complex digital rulebook. The aim is to make compliance easier and more cost effective for companies, while maintaining high standards and agreed objectives. The Proposed changes set to reshape the digital compliance landscape include amendments to the General Data Protection Regulation (GDPR). Join our webinar on 2 December, where our experts will examine the potential impact of the Data Omnibus for rules related to data protection, privacy and cybersecurity incident reporting.

Find out more and RSVP here