Talking Shop February 2026
Contacts
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the February 2026 edition of Talking Shop!
Our spotlight this month is on the Food & Beverage sector, with our horizon scan report offering strategic insights into the key developments set to shape the industry in 2026, from agricultural innovation and genomic techniques to greenwashing enforcement. We also cover the EU's expanding withdrawal button rules across multiple jurisdictions, the latest IP enforcement strategies for brand owners, and what businesses need to know about AI liability and privacy compliance in the year ahead.
In the News & Events section you can find details of our upcoming webinars and events, from our AI Legal Masterclass and employment masterclass on pay transparency to our Dutch retail event Retailview 2026.
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 Food & Beverage
- Competition Law
- Consumer Law
- Data Protection
- Employment
- ESG
- Intellectual Property
- Regulatory Law
- News & Events
Spotlight on Food & Beverage
From Farm to Fork: What's Shaping the Food & Beverage Sector in 2026?
From precision breeding frameworks and genomic techniques to greenwashing enforcement and nutritional labelling, 2026 brings a wave of regulatory change for the food and beverage sector. Our horizon scan report cuts through the complexity, identifying the developments that matter most for your business in the months ahead.
Competition Law
EU: Foreign subsidies under the microscope – From dawn raids to deal approvals – what the new FSR guidelines reveal
The European Commission's new Foreign Subsidies Regulation guidelines offer welcome clarity on cross-subsidisation risks and balancing tests, but meaningful uncertainties remain. With dawn raids, conditional approvals and in-depth investigations already underway, businesses with foreign financial contributions across their corporate groups must treat FSR compliance as a boardroom priority.
Poland’s first UOKiK fines for price reductions – What you need to know
Poland's competition authority has fired a warning shot at global e-commerce platforms, hitting Zalando and Temu with nearly EUR 8.45 million in fines for misleading price reduction practices. With further investigations already underway and penalties of up to 10% of annual turnover on the table, international retailers can no longer treat Poland's pricing transparency rules as a peripheral compliance concern.
Territorial supply constraints: Why the EU is moving from antitrust enforcement to ex ante tools
The European Commission has identified territorial supply constraints as a persistent Single Market barrier contributing to everyday price differentials for consumers, yet existing competition law cannot capture unilateral conduct by non-dominant suppliers. With a legislative proposal planned for Q4 2026, this article examines the enforcement gap driving the EU's shift toward ex ante regulation of unjustified market segmentation.
Consumer Law
Mandatory “Withdrawal Button” upcoming in Germany: Key implications for online sellers
Germany is set to introduce a mandatory withdrawal button for all B2C online contracts from 19 June 2026, extending the familiar cancellation button framework to one-off purchases and bringing significant technical and legal compliance challenges for online sellers. With fines of up to 4% of annual turnover for non-compliance, businesses should begin auditing their user journeys now.
Failure to disclose: Saudi courts enforce compliance with franchise disclosure requirements
A Saudi appellate court has upheld the termination of a franchise agreement and ordered repayment of fees, including those contractually deemed non-refundable, after a franchisor failed to provide a franchise disclosure document as required under the Kingdom's Commercial Franchise Law. Franchisors operating in Saudi Arabia should treat this ruling as an urgent prompt to audit their disclosure practices.
Italy: The New Digital Withdrawal Function
Whilst Germany focuses on broader B2C contracts, Italy's transposition of the same EU Directive introduces a dedicated digital withdrawal function under a new provision of the Italian Consumer Code, with knock-on updates to pre-contractual information obligations and coordination across banking, insurance and financial services regulation. E-commerce businesses operating in Italy have until 19 June 2026 to bring their online interfaces into compliance.
The Netherlands: New EU Withdrawal Button requirement and CJEU referral on order button compliance
Online businesses that are active in the Netherlands are navigating a rapidly shifting compliance landscape: following a 2024 Supreme Court ruling, courts are actively sanctioning non-compliant order buttons — and a CJEU referral may soon tighten the screws further. At the same time, the amended Consumer Rights Directive introduces a mandatory withdrawal button (or similar function) from 19 June 2026, adding a new layer of obligations. This article examines both developments and their practical implications for traders.
The Netherlands: ACM’s position on the Digital Fairness Act
Online businesses that are active in the Netherlands are navigating a rapidly shifting compliance landscape: following a 2024 Supreme Court ruling, courts are actively sanctioning non-compliant order buttons — and a CJEU referral may soon tighten the screws further. At the same time, the amended Consumer Rights Directive introduces a mandatory withdrawal button (or similar function) from 19 June 2026, adding a new layer of obligations. This article examines both developments and their practical implications for traders.
Data Protection
Australia: Facial recognition and the Privacy Act – A clearer (but stricter) line for businesses
An Australian tribunal has confirmed that facial recognition technology can be lawfully used by private organisations, but a legitimate security objective alone will not suffice without documented necessity, proportionate system design, and proper transparency and governance in place before rollout.
Global: Are you prepared for the privacy changes in 2026? Our predictions for this year
In recognition of Data Privacy Day 2026, our team has put together a short analysis document highlighting the key global privacy & data protection trends and developments to watch this year.
Employment
Belgium employment law – Another set of upcoming reforms relating to working time and work regulations
Six reforms are on their way for Belgian employers, from slashing minimum part-time hours and relaxing night work rules to capping notice periods and digitalising bonus procedures. Adoption is expected within weeks, and several changes will demand a prompt review of workforce planning and internal policies.
UK: Expansion of right to work obligations – What retail, consumer, food and beverage businesses need to know
The Border Security, Asylum and Immigration Act 2025 extends right to work checks to all workers regardless of employment status and introduces supply chain liability that could expose businesses to fines of up to £60,000 per illegal worker. Businesses relying on flexible workforces and outsourced services should begin reviewing their compliance processes now.
ESG
EU: Destruction of unsold products – Is your company Ecodesign compliant?
The ESPR's disclosure rules on unsold consumer goods extend well beyond fashion, catching almost every large company placing physical products on the EU market. With a ban on destroying unsold apparel arriving in July 2026 and a mandatory disclosure format following in March 2027, businesses should be acting now.
Poland: UOKiK strikes again against greenwashing
Bolt, Tchibo and Zara are the latest targets of Poland's competition authority, facing charges over environmental claims ranging from misleading "zero emission" branding to unverifiable sustainability labels, with fines of up to 10% of turnover at stake. With EU greenwashing rules tightening further in 2026, businesses across all sectors should audit their environmental messaging now.
Intellectual Property
Look and Feel: How to stop free riders from riding on the coattails of your reputable brand
A decade of EUIPO case law reveals that a brand's distinctive look and feel can be protected against imitators even where word elements differ entirely, offering reputable brands a powerful but often underused line of defence. This article unpacks the key decisions and sets out what evidence brand owners need to build their case today.
Sweden: Are new enforcement strategies necessary?
When design and copyright claims fall short, what tools does a rightsholder have left? A recent Swedish appellate judgment confirms that even well-documented IP rights may not be enough on their own, making a case for combining registered designs, copyright protection and unfair competition rules as part of a broader, more resilient enforcement strategy.
Upcycling: Fashion’s new infringement frontier
Chanel, Hermès, Rolex and Louis Vuitton have all ended up in court over upcycled versions of their products, and courts from Paris to Singapore are increasingly siding with the brands. Growing case law across multiple jurisdictions confirms that creativity and eco-friendly intentions rarely provide a defence against IP infringement claims.
Regulatory Law
AI liability in light of the new 2024 PLD: Expanded liability, challenging defences, and new evidentiary burdens
With the proposed AI Liability Directive withdrawn, the 2024 Product Liability Directive now carries the weight of AI-related claims, introducing expanded defect criteria, rebuttable presumptions of defectiveness triggered by AI Act non-compliance, and shifted evidentiary burdens that will fundamentally reshape risk exposure for manufacturers of AI-enabled products across sectors.
Germany: New transparency rules for .de domains – Action required
Germany's implementation of the NIS-2 Directive has triggered new public disclosure requirements for .de domain registration data, with DENIC rolling out a comprehensive verification process across all existing and new domains throughout 2026. Companies should audit their domain portfolios now to ensure registration details are accurate, up to date, and monitored.
Revised Dutch Advertising Code for food products expands restrictions on marketing to children and adolescents
The Dutch consumer authority is pushing for significant reforms ahead of the forthcoming Digital Fairness Act, from modernising the definition of the average consumer and introducing fairness-by-design obligations to an EU-wide ban on loot boxes. With a legislative proposal expected by end of 2026, businesses in digital markets should watch this space closely.
News & Events
Webinar: Mass Claims Essentials – UK vs EU Collective Actions: When Systems Collide
17 March, 16:00-17:00 GMT
Collective litigation is rising fast, and businesses operating across multiple jurisdictions face growing exposure. The first in Bird & Bird's new Mass Claims Essentials series, this webinar examines how UK and EU collective redress frameworks compare, offering practical guidance on litigation strategy, early warning signs and coordinating cross-border defences.
Employment Masterclass: Implementing Pay Transparency & Investigative Best Practice
19 March, 09:00-13:00 CET
In person: Bird & Bird Warsaw Office, Poland
Join Bird & Bird's international employment experts for a deep dive into the EU Pay Transparency Directive, the EU Whistleblowing Directive, and best practice for conducting employee investigations across the CEE region and the wider EU. A practical, interactive half-day for in-house counsel navigating the employment compliance challenges of 2026.
Webinar: Starting Your Business in France Selecting the Right Structure While Managing HR and Criminal Risks
19 March, 10:00-11:30 CET
From choosing the right legal entity to navigating French labour law, criminal liability and anticorruption compliance, this webinar offers practical guidance for businesses looking to expand into the French market with confidence. Expect actionable recommendations across the full range of legal and regulatory challenges your business is likely to encounter.
Retailview 2026
9 April, 14:30-19:00 CET
In Person: Amsterdam, Netherlands
Retailview brings together in-house legal and tax counsel from across the retail and consumer sector for a day of early insights on regulations set to impact your business, practical guidance from Bird & Bird's retail and consumer specialists, and valuable exchange with peers from across the industry. Program details and speakers to be confirmed soon.
Bird & Bird AI Legal Masterclass
Online Modules & Hybrid Session As AI reshapes how organisations operate, the legal risks around data, intellectual property, liability and regulatory compliance are growing rapidly. Bird & Bird's AI Legal Masterclass offers practical, expert-led training across four modules to help lawyers, compliance officers and decision-makers deploy AI lawfully and confidently. Sign up before 6 March to claim your 20% early bird discount.
