Talking Shop July 2025
Written By
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 July 2025 edition of Talking Shop!
This edition includes an update on the European Accessibility Act; an exploration of three recent intellectual property decisions in Europe and Singapore; a deep dive into trading challenges for retail and hospitality businesses in Australia; and much more!
In the News & Events section you can find our international Employment team's Horizon Scanning report for businesses in the Retail & Consumer sector, as well as information about two upcoming events on UK employment law and the EU Data Act.
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:
Consumer Law
EU: Accessibility Deadline - The European Accessibility Act Comes into Force
On 28 June, 2025 the European Accessibility Act came into force across the EU, harmonising accessibility requirements for many mainstream consumer digital products and services. The new framework impacts operators across the whole supply and distribution chain of in-scope products and services, who will be subject to the EAA requirements in all EU Member States where they operate, whether or not they are based or established within the EU.
Germany: “Buy Now Pay Later” - BMJV Publishes Draft Bill to Implement the New Consumer Credit Directive
The primary objective of the new Consumer Credit Directive is to contribute to a high level of consumer protection and to promote the internal market for credit between businesses and consumers. The proposed amendments significantly extend consumer protection, for example, previously unregulated forms of credit are included in the regulations on consumer credit for the first time. This means that complex ‘Buy Now Pay Later’ models involving institutional participation are covered by the regulations.
Data Protection
EU: The Data Act - the Clock is Ticking
As the EU continues shaping its digital single market, the Data Act stands out as one of its most ambitious endeavours. The Data Act entered into force on 11 January 2024 and will apply from 12 September 2025, impacting businesses working with data-intensive products and services. Designed to boost the EU’s data economy, the Data Act establishes a framework that aims to establish fair data-sharing practices among stakeholders, including consumers, businesses, and government bodies.
UK: Data Protection Reform - Where Have We Landed?
The UK’s efforts to reform data protection law have finally come to fruition; with the Data (Use and Access) Act being adopted on and entering into force on 19 June 2025. The Act makes a significant number of changes to UK data protection law. Some of the modifications will make data protection compliance slightly easier for organisations. There will be a small number of obligations though, too - in particular, privacy notices will have to be amended to refer to a new data subject right to complain.
ESG
EU: What Road Will the Omnibus I Follow?
The EU Council have reached an agreement on their position on the Second Proposal of the Commission's Omnibus I Initiative, aimed at simplifying CSRD (Corporate Sustainability Reporting Directive), CSDDD (Corporate Sustainability Due Diligence Directive) and the Taxonomy. Whilst the First Proposal provided a so-called ‘stop-the-clock’ mechanism, the Second Proposal contained material changes aiming to reduce the reporting burden and limiting the trickle-down effect of obligations on smaller companies in order to, allegedly, “boost competitiveness”. We discuss the most relevant changes to the Council’s General Agreement on the proposed revision of the CSRD and CSDDD.
Intellectual Property
EU: Trade Marks and GIs - An Important Decision from the General Court of the European Union
On June 25, 2025 the General Court of the European Union delivered its highly anticipated ruling in the «NERO CHAMPAGNE» case (T 239/23). The case was brought before the General Court by the Comité interprofessionnel du vin de Champagne and Institut national de l'origine et de la qualité (INAO), seeking to annul the Second Board of Appeal's decision of the European Union Intellectual Property Office, in so far as it had rejected the opposition against the application for registration of the word mark “NERO CHAMPAGNE” for wine complying with the product specification of the Champagne PDO.
EU: Parallel Trade - Who Bears the Burden of Proof?
Over the years, this question has already led to a series of judgments by the Court of Justice of the European Union. While the burden of proof is governed by national law, the CJEU has approved a system whereby it is up to the seller (or defendant) to prove trade mark exhaustion, unless this would allow the trade mark owner to partition national markets within the EU and help maintain price differences between Member States. In its recent decision in the case Coty v Easycosmetic, the District Court The Hague shed some further light on the EU system of trade mark exhaustion and the question who bears the burden of proof.
Singapore: In the Bag - Singapore High Court Awards Statutory Damages of S$200,000 Against Seller of “Upcycled” Louis Vuitton Products
In cases involving the counterfeiting of trade marks in Singapore, the claimant can elect to receive statutory damages instead of the traditional remedies of damages and an account of profits. This option is particularly useful when the defendant is absent from the proceedings, making it more difficult for the claimant to prove its losses. In a rare judgment on the subject, the Singapore High Court in Louis Vuitton Malletier v Ng Hoe Seng [2025] SGHC 122 has provided clarity on the test for deciding if there was use of a counterfeit trade mark and how statutory damages should be quantified.
Restructuring
Australia: Facing the Squeeze - Trading Challenges for Retail and Hospitality businesses
The retail and hospitality sector in Australia remains relatively steady in terms of financial performance. However, retailers continue to be faced with some persistent headwinds and difficult trading conditions. In our three part series, we cover some of the challenges facing Australian businesses in the sector:
Part 1: Facing the Squeeze - Trading Challenges for Retail and Hospitality businesses
Part 2: Creative Restructuring Approaches: What’s Working in Retail & Hospitality Administrations
Part 3: Restructuring early - How retailers and hospitality operators can avoid voluntary administration
News & Events
Your Essential Guide to Global HR & Employment Law Trends 2025
In our International Employment group’s latest edition of Horizon Scanning 2025/2026, we discuss the 12 key trends influencing the global HR and employment law agenda in 2025 and beyond - from advancing DEI initiatives and pay transparency requirements, to innovative wellbeing strategies that attract top talent. Our feature articles explore how AI will reshape employment relationships in the coming years and the legal preparations your organisation should consider today, as well as how to stay ahead of EU regulatory developments.
The report includes a country-by-country guide to upcoming legal changes across EMEA and Asia-Pacific, with practical guidance and a 'traffic light' code to help your organisation prioritise key issues. We have also produced sector-specific commentaries to identify commercial trends which affect your business.
Access the Retail & Consumer Horizon Scanning report here.
Event: UK Employment Law Update
02 September, 16.00-19.30 BST, London
The past year has seen significant and pivotal developments in UK employment law. At our UK Employment Law Update, our experts will deliver an engaging and practical overview of the developments shaping the employment law landscape, including sessions on Immigration, Business Protection, and HR Data. We will also discuss the recent ground-breaking decisions from the tribunals and courts impacting on your business and workforce and cover recent and future legislative changes we expect to see.
Webinar: EU Data Act Countdown: Live Q&A
03 September, 09.30-10.15 CEST
Set to take effect on Friday 12 September 2025, the European Data Act is intended as a major milestone in unlocking the potential of industrial data. By establishing rules for data access and sharing, the legislation shall empower consumers to access data from their connected devices, ensure businesses have fair access to data held by others, and simplify transitions between cloud service providers. With implementation just around the corner, our experts Joaquín Muñoz, Lea Mackert and Dr Moritz Schroeder will host a live Q&A session to address your most pressing questions.
