Talking Shop January 2026

Contacts

graeme payne module
Graeme Payne

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 January 2026 edition of Talking Shop!

The new year brings fresh opportunities to refine compliance strategies as regulation and consumer expectations continue to evolve. Our spotlight this month is on the Cosmetics, Beauty and Fragrance sectors, with EU and UK horizon scan reports offering strategic insights into one of Europe's fastest-growing industries. We also cover consumer claims across Europe, new subscription and withdrawal button rules in the UK and France, retail regulation in Italian cities, environmental labelling, shape marks, copyright protection and new EU customs requirements. 

In the News & Events section you can find details of our upcoming webinars: HR Data Essentials – critical risks for businesses in 2026, and International Relocations in a Changing World, examining global talent mobility and compliance challenges. 

Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.

VIEW PREVIOUS EDITIONS OF TALKING SHOP

In this edition:


Spotlight on Cosmetics 

What’s Ahead for the Cosmetics, Beauty & Fragrance Sectors in 2026? 

Businesses in the cosmetics, beauty and fragrance ("CBF") sectors will find 2026 to be a pivotal time, shaped by evolving regulation, technological innovation and shifting consumer expectations. Our EU and UK horizon scan reports highlight the key topics that will have the greatest impact on the CBF sectors in the coming months, offering strategic insights to help you navigate an increasingly complex landscape.

Access the UK report here


Consumer Law 

UK & EU: Current and future developments in the consumer law landscape - What do you need to know?

Digital fairness rules, green claims enforcement, strengthened regulatory powers and collective litigation are reshaping how consumer-facing businesses operate across the EU and UK. Our international Business-to-Consumer team has published a report covering the key developments you need to monitor in 2026 and beyond. 

Read the full article here

Consumer claims in the EU - What can consumer facing businesses expect in 2026?

With the Representative Actions Directive now live across most EU states, product liability reforms landing in December 2026, and modernised ADR rules on the horizon, consumer-facing businesses must prepare for a surge in collective claims spanning data protection, unfair terms, and ESG litigation. 

Read the full article here

New UK legislation to mean stricter rules for subscription services

The UK's Digital Markets, Competition and Consumers Act 2024 will impose strict auto-renewal, cancellation, and pre-contract disclosure rules on subscription services from April 2026, backed by CMA fines of up to 10% of global turnover: businesses must rebuild user journeys, notification systems, and contract terms now to avoid enforcement risk. 

Read the full article here

New obligations applicable to consumers' right of withdrawal in France

France is mandating a one-click withdrawal button on every consumer-facing website by 19 June 2026: retailers, e-commerce platforms, and subscription services must now redesign checkout flows, update T&Cs, and build compliant functionality or face enforcement risk. 

Read the full article here

Sweden to require withdrawal button for online shopping

Sweden is forcing online retailers to install one-click withdrawal buttons by June 2026, with non-compliance risking fines of up to 4% of annual turnover under new rules that make cancelling as easy as buying. 

Read the full article here


Commercial Law 

Distressed M&A transactions in the retail and consumer sector in Germany - Legal challenges compared to regular M&A transactions

Germany's wave of retail insolvencies is creating distressed M&A opportunities, but navigating accelerated timelines, landlord consent battles, and strict data protection rules demands a fundamentally different playbook than traditional transactions. 

Read the full article here

EU: Accessibility Alert - Non-conformity and derogation disclosure obligations for operators under the European Accessibility Act

Six months into the European Accessibility Act's enforcement regime, operators face immediate disclosure obligations to multiple national regulators whenever non-conformity or derogations arise, with delayed notifications risking fines and enforcement action across all 27 Member States where products or services are available. 

Read the full article here

Italy: Regulating tourist retail - How Venice and other European cities are rewriting the rules of the historic centre

Venice, Florence, Rome, Milan, and Naples are deploying legally enforceable retail bans targeting fast food, souvenirs, and tourist-only formats in historic zones, creating immediate compliance risks for retailers whilst opening strategic opportunities for investors who understand the new rules. 

Read the full article here

UK: Contractual terms under the spotlight - Court of Appeal considers implied terms about price

Can a court enforce a contract where the price hasn't been fully agreed? The Court of Appeal says yes when parties clearly intended to be bound, ruling that a reasonable market price can be implied even in multi-year deals with flexible pricing, but the Supreme Court will soon decide if this approach goes too far. 

Read the full article here


Dispute Resolution 

Belgian Supreme Court upholds the application of the 2005 Hague Convention to exclusive choice of court agreements concluded during the Brexit transition period

After years of uncertainty, Belgium's Supreme Court has ruled that UK jurisdiction clauses signed during Brexit's transition period remain enforceable under the Hague Convention, delivering crucial clarity that other EU courts may or may not follow. 

Read the full article here

EU: The new Alternative Dispute Resolution framework – Directive 2025/2647

The EU is overhauling consumer dispute resolution with mandatory 20-day response deadlines for traders, new powers to bundle mass claims, and expanded coverage to digital services and cross-border e-commerce, fundamentally reshaping how businesses handle customer complaints from September 2028. 

Read the full article here


ESG 

Belgian Competition Authority clears early adoption of compostable coffee pod requirement

Belgium's competition authority approved major coffee brands' collective pledge to switch exclusively to compostable pods 18 months before the EU deadline, signalling a safe harbour for industry-wide early compliance with environmental regulations that deliver measurable sustainability gains.

Read the full article here

Europe: EFSA rewrites the playbook - What the 2026 Food Additive Guidance means for your authorisation strategy

EFSA has overhauled its food additive guidance for the first time in over a decade, introducing new requirements for nanoparticles, mandatory exposure tools, and environmental assessments that applicants must navigate from July 2026.

Read the full article here

EU Commission publishes FAQ on the Empowering Consumers Directive – Some clarity and remaining open questions

The European Commission's FAQ on the Empowering Consumers Directive provides some answers on generic claims and sustainability labels, but major ambiguities persist as the September 2026 deadline looms without any grandfather rule for existing packaging.

Read the full article here

EU: PPWR compliance countdown - A practical strategic guide for Retail & Consumer businesses

With the PPWR application date of 12 August 2026 rapidly approaching, retail and consumer businesses must navigate complex manufacturer definitions, PFAS restrictions, recyclability requirements and labelling obligations - discover the critical compliance deadlines you cannot afford to miss.

Read the full article here

France: Environmental labelling - A new tool for more sustainable fashion

France's new environmental labelling system lets fashion brands showcase their sustainability credentials through impact scores visible at point of sale, but will voluntary adoption be enough to transform consumer behaviour and drive the race towards greener textiles?

Read the full article here


Intellectual Property 

EU: Copyright protection for works of applied art - CJEU clarifies originality standards in landmark furniture design cases

The CJEU has confirmed that furniture and applied art receive the same copyright protection as other works, with originality assessed through objective creative choices visible in the design rather than the author's subjective intent.

Read the full article here

Global: Shape Marks - Your secret weapon against lookalikes and dupes

Discover how shape marks can protect your product design from lookalikes and dupes, and learn what evidence you need to prove your shape has acquired the distinctive character required for successful registration and enforcement in the EU.

Read the full article here

Global: Should brand owners target AI shopping tools over consumers?

As consumers increasingly turn to AI chatbots to make purchasing decisions, brand owners face new challenges in protecting their trade marks, from LLMs recommending counterfeits to fundamental shifts in how reputation and goodwill must be proven.

Read the full article here


Tax 

Belgium increases VAT in the Hospitality, Food and Leisure Sectors as of March 2026

Belgium will increase VAT rates from 6% to 12% across hospitality, food and leisure sectors from 1 March 2026, affecting hotel accommodation, take-away meals, gym memberships and admission to cultural and sports facilities, with industry groups warning of competitive disadvantages and pressure on profit margins.

Read the full article here

New EU customs duty, handling fees and VAT requirements starting from 2026: Five things e-commerce businesses need to know

EU reforms will abolish the €150 customs duty exemption for e-commerce parcels from July 2026, introducing a fixed €3 duty on low-value items and new handling fees, requiring businesses to reassess pricing strategies and consider using the IOSS VAT mechanism.

Read the full article here

New Italian handling fee for low-value shipments: Understanding compliance requirements and business model implications

Italy has introduced a €2 handling fee on all imported shipments valued at €150 or less from 1 January 2026, affecting B2C, B2B and private transactions, requiring businesses to review their cross-border operations and ensure compliance to avoid penalties.

Read the full article here


News & Events

Webinar: HR Data Essentials - critical risks for businesses in 2026

4 February, 16:00-18:00 GMT 

Employers are under growing pressure to make effective use of employee data while navigating an increasingly complex regulatory landscape. Join our international privacy, data protection and employment law experts for this annual online session as they explore the key HR data risks facing businesses in 2026, including AI in HR, background checks and emerging pay transparency and privacy obligations. 

Find out more and RSVP here

Webinar: International Relocations in a Changing World

12 February, 16:00-19:30 GMT 

Global talent mobility is evolving fast, bringing increased complexity and risk. Join our international immigration and employment law experts for a practical in-person session exploring key regulatory developments, compliance challenges and the wider HR considerations involved in relocating talent across borders. With insights from multiple jurisdictions and global mobility specialists from AIRINC, this event offers valuable guidance for navigating international relocations with confidence. 

Find out more and RSVP here

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