Insights and Analysis
Is Pay or Consent a choice under GDPR?
05 April 2024
Offering an alternative between payment and advertising is not per se contrary to the freedom of consent under the GDPR.
No business operates free from the actions of government departments, agencies, and regulators. When their actions affect your business, you need to be able to hold them to account.
New legislation, a policy decision, a regulatory outcome. When the issue is business critical, you want a team that understands how to achieve the commercial result you need. A team that is adept at bringing legally complex challenges in technically difficult areas. And making them simple enough to succeed. A team that understands your commercial objectives and the pressures public bodies face. A team that knows litigation is never an end in itself and delivers a fully rounded strategy.
And if you are a public body, you want that same team fighting your corner — helping you to make legally robust decisions that are attuned to the political and policy challenges you face.
Our administrative and public law team has substantial experience acting in the most high-profile and complex administrative and public law cases before domestic and international courts and tribunals. We understand the legal and commercial complexities and political sensitivities that such cases involve.
The breadth and depth of regulatory knowledge of our global practice is peerless. We combine our administrative and public law experience with that of government relations and policy advocacy, to give our clients integrated, strategic assistance. We use the full range of arguments and approaches in a way that is sensitive to your objectives and the political and commercial risks involved.
Representative experience
Advising The Crown Estate on Scottish devolution and the statutory transfer of its Scottish functions.
The UK Gas and Electricity Markets Authority on a range of major regulatory projects, policies, and challenges, including CMA appeals to the new electricity distribution pricing regime.
Advising the Government of Iceland on potential legal challenges in the UK, European, ECHR, and international courts to the UK's actions during the banking crisis.
Acting for a U.S. corporation in successful human rights litigation to recover debts from a Ukrainian state-owned company after a decade-long legal battle in Ukraine.
Securing a landmark decision annulling an EU directive on tobacco advertising on competence grounds, including obtaining an interim injunction against implementation.
Advising NATS on responding to various judicial reviews against airspace changes and on its regulatory relationship with the Civil Aviation Authority.
Acting for the UK Petroleum Industry Association in a challenge before the UK and EU Courts to the implementation of environmental measures.
Acting for a number of oil drilling companies in an EU-law based challenge (in UK and EU courts) to new UK corporation tax measures.
Acting for T-Mobile in parallel judicial review and Competition Appeal Tribunal proceedings in relation to the proposed auction by Ofcom of 4G radio spectrum.
