FARFETCH
Content, media, and technology
U.K.
ICO publishes blog on smart glasses, privacy, and public trust
On September 17, 2026, the U.K. ICO published a blog discussing privacy, transparency, and trust issues raised by AI-enabled wearable devices such as smart glasses.
The ICO described how smart glasses can deliver beneficial use cases, including through its regulatory sandbox work with Cross Sense on smart glasses intended to support people living with dementia, while also noting reports of non-consensual recording, harassment, and attempts to disable or bypass built-in privacy safeguards.
The ICO emphasized that existing transparency mechanisms in physical spaces often rely on visual cues, which may not work for people with low or no vision, and it framed smart glasses as intensifying broader challenges around notice, control, accountability, and data minimization in public spaces.
The ICO stated that U.K. data protection law does not apply to personal or household activities, but wider sharing of recordings online is unlikely to qualify and may trigger data protection considerations, and it noted it is commissioning research on public attitudes to AI and plans to consult on a new AI and automated decision-making code in 2027.
EU
CJEU rules on copyright protection for social media posts
On September 3, 2026, the CJEU ruled in Case C-598/24 on whether a Facebook post can be a protected work and on the reporting-current-events exception under Article 5(3)(c) of Directive 2001/29.
The CJEU held that a short online text can be protected if it is original and expressed with sufficient precision and objectivity, and that length, platform, or genre are not determinative, subject to national-court assessment.
The CJEU held that Member States may proportionately limit the exception to short extracts if it does not undermine the exception’s purpose, and that use must be no more than necessary for the informational purpose.
The CJEU held that national law cannot generally exclude the exception where reproduction yields direct or indirect economic benefit, and that the source and author must be indicated unless impossible.
U.K.
ASA upholds ruling on DialAFlight “eco-conscious resort” claim
On September 9, 2026, the ASA upheld a complaint that a paid-for Meta ad by Lotus International Ltd trading as DialAFlight made an unclear environmental claim by describing a hotel as an “eco-conscious resort.”
The ASA held that "eco" claims imply specific environmental benefits, and since the term has no standardized meaning, advertisers must explain their basis. Although the resort undertook initiatives such as plastic reduction, greywater recycling, and waste management, neither the ad nor the landing page disclosed them.
The ASA found breaches of CAP Code (Edition 12) rules 3.1, 3.3, and 11.1, and the ad must remain withdrawn.
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